AUG 8 2011 

Mr. Karl Brooks 

Regional Administrator 

U.S. EPA, Region VII 

901 North Fifth Street 

Kansas City, KS 66101 Dear Mr. Brooks: 

AUG 1 2 2011 

APCO 

The Missouri Air Conservation Commission has recently revised or promulgated the 

following regulation(s) for the Missouri State Implementation Plan (SIP). The following is 

enclosed for your review: 

10 CSR 10-6.060 Construction Permits Required 

This rule amendment incorporates federal permitting requirements that will cover new construction projects that emit 100,000 tons per year or more of greenhouse gases and 

clarifies rule text. 

10 CSR 10-6.300 Conformity of General Federal Actions to State Implementation Plans 

This rule amendment updates the state general conformity rule to bring it into compliance 

with the recently amended federal general conformity rule. 

The commission adopted the enclosed rule action(s) on Apri128, 2011, after considering 

comments received at public hearing. The commission has full legal authority to develop 

rules pursuant to Section 643.050 of the Missouri Air Conservation Law. The state followed 

all applicable administrative procedures in proposing and adopting the rule action(s). 

Enclosed are the required SIP submittal elements for determination of plan completeness per 

40 CFR Part 51, Appendix V. 

The Missouri Department ofNatural Resources requests that the U.S. Environmental 

Protection Agency amend the SIP to replace the current rule(s) in the SIP. 
Sincerely, 

AIR POLLUTION CONTROL PROGRAM 

K~;i 

Interim Director 

KLM:spk 

Enclosures: 

Copy of rule published in CSR 

Copy of commission signature page certifying Missouri Air Conservation Commission 

adoption 

Copy of technical support documentation for rule (if applicable) 

Copies of public hearing newspaper notices 

Copy of public hearing transcript introductory statement 

Copy ofMO Reg order ofrulemaking with comments/responses 

c: Missouri Air Conservation Commission 
director upon 

section 643.0. , RSMo 

* Original rule filed March 5, I979, effi tive Nov. II, I979. Amended: dApril 

2, 1987, effective Aug. 27. 1987. A ended: 

led June 15, 2001, effective Feb. 28, 2002. 

mended: Filed Nov. 13, 2009, ejfectiv, July 

30, 2WO. 

•Original authority: 643.0SO. RSMo 1965, atMndtd 19 

1992, 1993. 1995. 

10 CSR 10-6.060 Construction Permits 

Required 

PURPOSE: This rule defines sources which 

are requil'f!d to obtain permits to construct. It 

establishes requirements to be met prior to 

construction or modification of any of these 

sources. This rule also establishes permit fees 

and public notice l'f!quirements for certain 

sources and incorporotes a means for unifying the processing of construction and operating permit issuance. 

PUBLISHER'S NOTE: The secretary of state 

has determined that the publication of the 

entire text of the material which is incorporated /:Jy refe1Y!nce as a portion of this rule 

would be unduly cumbersome or expensive. 

This material as incorporated /:Jy reference in 

this rule shall be maintained by the agency at 

its headquarters and shall be made available 

48 

(A) Defmitions. Definitions of certain 

tenns used in this rule may be found in paragraph (b) of 40 CFR 52.21 which is incorporated by reference in subsection (8)(A) of this 

rule, except that1. Any provisions of 40 CFR 52.2I(b) 

that are stayed shall not apply; 

2. Solely for the purposes of paragraph 

(1)(A)2. and section (7) of this rule, the following definitions shall be used in place of 

the defmitions of the same tenns specified 

elsewhere in this subsection: 

A. Major stationary source is defined 

in 40 CFR 51.165(a)(1)(iv), promulgated as 

of July 1, 2007, including the revision published at 72 FR 24077 (effective July 2, 

2007), and hereby incorporated by reference 

in this rule, as published by the Office of the 

Federal Register, U.S. National Archives and 

Records, 700 Pennsylvania Avenue NW, 

w.tshington, DC 20408. This rule does not 

incorporate any subsequent amendments or 

additions. The term major, as used in this 

definition, shall be major for the nonattainment pollutant; 

B. Major modification is defmed in 

40 CFR 51.165(a)(1)(v), promulgated as of 

July l, 2007, and hereby incorporated by reference in this rule, as published by the Office 

of the Federal Register, U.S. National 

Archives and Records, 700 Pennsylvania 

Avenue NW, Washington, DC 20408, except 

that any incorporated provisions that are 

stayed shall not apply. This rule does not 

incorporate any subsequent amendments or 

additions. The term major, as used in this 

definition, shall be major for the nonattainment pollutant; 

C. Net emissions increase is defined 

in 40 CFR 5l.165(a)(l)(vi), promulgated as 

of July 1, 2rn7, and hereby incorporated by 

reference in this rule, as published by the 

Office of the Federal Register, U.S. National 

Archives and Records, 700 Pennsylvania 

Avenue NW, Washington, DC 20408, except 

that the tenn paragraph (a)( I )(xii)(B) shall be 

40 CFR 52.21(b)(21)(ii). This rule does not 

incorporate any subsequent amendments or 

additions; and · 

D. Significant is defined in 40 CFR 

51.l65(a)(1)(x), promulgated as of July 1, 

2007, and hereby incorporated by reference 

in this rule, as published by the Office of the 

Federal Register, U.S. National Archives and 

Records, 700 Pennsylvania Avenue NW, 

CODE OF STATE REGULATIONS 

A. Construct a major source-

(]) Fabricate, erect, or install, at 

any greenfield site, a stationary source or 

group of stationary sources which is located 

within a contiguous area and under common 

control and which emits or has the potential 

to emit ten (10) tons per year of any hazardous air pollutant (HAP) or twenty-five 

(25) tons per year of any combination of 

HAPs; or 

(II) Fabricate, erect, or install, at 

any developed site, a new process or production unit which in and of itself emits or has 

the potential to emit ten (10) tons per year of 

any HAP or twenty-five (25) tons per year of 

any combination of HAPs; 

B. Greenfield site-A contiguous area 

under common control that is an undeveloped 

site; 

C. Process or production-Any collection of structures and/or equipment, that 

processes, assembles, applies, or otherwise 

uses material inputs to produce or store an 

intermediate or final product. A single facility may contain more than one (l) process or 

production unit; 

D. Reconstruct a major sourceReplace components at an existing process or 

production unit where the replacement of 

components in and of itself emits or has the 

potential to emit ten (10) tons per year of any 

HAP or twenty-five (25) tons per year of any 

combination of HAPs, whenever-

(1) The fixed capital cost of the new 

components exceeds fifty percent (50%) of 

the fixed capital cost that would be required 

to construct a comparable process or production unit; and 

(II) It is technically and economically feasible for the reconstructed major 

source to meet the applicable maximum 

achievable control technology emission limitation for new sources established under this 

section; 

E. Research and development activities- Activities conducted at a research or 

laboratory facility whose primary purpose is 

to conduct research and development into 

new processes and produciS, where such 

source is operated under the close supervision of technically trained personnel and is 

not engaged in the manufacture of products 

for sale or exchange for commercial profit, 

except in a de minimis manner; 

(7/31/11) ROBIN CARNAHAN 

Secretary of State 
G. Definitions for certain terms, other 

than those defined in subparagraphs 

(1)(A)3.A. through F. of this rule, may be 

found in 40 CFR 63.41 promulgated as of 

January 1, 2007, and hereby incorporated by 

reference in this rule, as published by the 

Office of the Federal Register, U.S. National 

Archives and Records, 700 Pennsylvania 

Avenue NW, Washington, DC 20408. This 

rule does not incorporate any subsequent 

amendments or additions; 

4. Nonanainment pollutant-Each and 

every pollutant for which the location of the 

source is in an area designated to be in nonattainment of a National Ambient Air Quality 

Standard (NAAQS) under section 

107(d)(l)(A)(i) of the Act. Any constituent 

or precursor of a nonattainment pollutant 

shall be a nonanainment pollutant, provided 

that the constituent or precursor pollutant 

may only be regulated under this rule as part 

of regulation of the corresponding NAAQS 

pollutant. Both volatile organic compounds 

(VOC) and nitrogen oxides (NOx) shall be 

nonattainment pollutants for a source located 

in an area designated nonattainment for 

ozone; 

5. The provisions of subsection (8)(8) of 

this rule regarding the term administrator 

shall apply; and 

6. Definitions for certain terms used in 

this rule, other than those defined elsewhere 

in this subsection, may be found in 10 CSR 

10-6.020. 

(B) Covered Installations/Changes. This 

rule shall apply to installations throughout 

Missouri with the potential to emit any pollutant in an amount equal to or greater than the 

de minimis levels. This rule also shall apply 

to changes at installations which emit less 

than the de minimis levels where the construction or modification itself would be subject to section (6), (7), (8), or (9) of this rule. 

This rule shall apply to all incinerators, 

unless permitted under rule 10 CSR 10-

6.062. 

(C) Construction/Operation Prohibited. 

No owner or operator shall commence construction or modiftcation of any installation 

subject to this rule, begin operation after that 

construction or modification, or begin operation of any installation which has been shut 

down longer than five (5) years without first 

obtaining a permit from the permitting 

authority under this rule. fur sources not 

ROBIN CARNAHAN 

Sec:nttary of State 

(7/311'i1 ) 

knowledge of all liability associated with the 

possibility of denial of the permit application. 

A request will not be granted unless an application for permit approval under this rule has 

been filed. The waiver is not available to 

sources seeking federally enforceable permit 

restrictions to avoid review under sections 

(7)-(9) of this rule. 

(D) Exempt Emissions Units. This rule 

does not apply to the construction or modification of installations that are exempted or 

excluded by 10 CSR 10-6.061 or are permitted under rule 10 CSR 10-6.062. 

(2) Unified Review. When the construction or 

modification and operation of any installation 

requires a construction permit under this 

rule, and an operating permit or its amendment, under 10 CSR 10~.065, the installation shall receive a unified construction and 

operating permit, or its amendment, and a 

unified review, hearing and approval process, 

unless the applicant requests in writing that 

the application for a construction and operating permit, or its amendment, be reviewed 

separately. Under this unified review process, 

the applicant shall submit all the applications, 

forms, and other information required by the 

permitting authority. 

(A) Review of Applications. The permitting authority shall complete any unified 

review within one hundred eighty-four (184) 

days, as provided under the procedures of this 

rule and 10 CSR 10-6.065 Operating Permits 

Required. 

(B) Issuance of Permits. As soon as the 

unified review process is completed, if the 

applicant complies with all applicable 

requirements under this rule and 10 CSR 10-

6.065, the construction permit and the operating permit, or its amendment, shall be 

issued to the applicant and the applicant may 

commence construction. The operating permit shall be retained by the permitting authority until validated pursuant to this section. 

(C) Validation of Operating Permits. Within one hundred and eighty (180) days after 

commencing operation, the holder of an 

operating permit, or its amendment, issued 

by the unified review process shall submit to 

the permitting authority all information 

required by the permitting authority to 

demonstrate compliance with the terms and 

conditions of the issued operating permit, or 

its amendment. The permittee shall also proCODE OF STATE REGULATIONS 

amendment. If the permittee demonstrates 

compliance with both the construction and 

operating permits, or its amendment, the permitting authority shall validate the operating 

permit, or its amendment, and forward it to 

the permittee. No part 70 permit will be validated unless1. At the time of validation, the permitting authority certifies that the issued permit· 

contains all applicable requirements; or 

2. The procedures for permit renewal in 

10 CSR 10-6.065(6)(E)3. have occurred prior 

to validation to insure the inclusion of any 

new applicable requirements to which the 

part 70 permit is subject. 

(3) Thmporary Installations and Pilot Plants 

Permits. The permitting authority may 

exempt temporary installations and pilot 

plants having a potential to emit under one 

hundred (100) tons per year of each pollutant 

from any of the requirements of this rule, 

provided that these exemptions are requested 

in writing prior to the start of construction. 

These exemptions shall be granted only when 

the attainment or maintenance of ambient air 

quality standards is not threatened, when 

there will be no significant impact on any 

Class I area, and when the imposition of 

requirements of this rule would be unreasonable. 

(4) Portable Equipment Permits. Portable 

equipment must meet the following criteria: . 

(A) The potential to emit is less than one 

hundred (100) tons per year of any air pollutant; 

(B) The equipment was permitted previously under either section (5), (6), (7), or (8) 

of this rule and the previous permit is still 

valid; 

(C) The equipment is operated and maintained in a manner identical to that specified 

in the currently valid permit; and 

(D) The following conditions must be met 

when permitted portable equipment is to be 

operated at a different location: 

l. When the owner or operator wishes to 

operate the portable equipment at a new location not previously permitted or at a location 

where other sources {either permanent or 

portable) are operating, the owner or operator 

shall submit to the permitting authority a 

Portable Source Relocation Request, property 

boundary plot plan and the equipment layout 

49 
The permitting authority shall make the final 

determination and, if appropriate, approve 

the relocation request no later than twentyone (21) calendar days after receipt of the 

complete Portable Source Relocation 

Request; 

2. When the owner or operator wishes 

to relocate the portable equipment to a site 

that is listed on the pennit or on the amended pennit (provided other sources are not 

approved to operate at the same location), the 

owner or operator shall report the move to the 

permitting authority on a Portable Source 

Relocation Request for authorization to operate in the new locale as soon as possible, but 

not later than seven (7) calendar days prior to 

ground breaking or initial equipment erection. No fees are associated with this authorization. Authorization will be presumed if 

notification of denial is not received by the 

specified ground breaking or equipment erection date; and 

3. The equipment shall be operated at 

each new location no more than twenty-four 

(24) consecutive months without an intervening relocation. 

(5) De Minimis Pennits. 

(A) Any construction or modification at an 

installation subject to this rule which results 

in a net emissions increase below the de minimis levels shall be exempt from further 

requirements of this rule if the owner or operator of the source applies for, and the permitting authority issues, a de minimis permit for 

that installation. 

(B) This de minimis permit shall be issued 

and in effect only if all of the following conditions are met: 

1. The permitting authority is notified in 

writing of the proposed construction prior to 

the commencement of construction; 

2. Information is submitted to the permitting authority which is sufficient for the 

permitting authority to verify the annual 

emission rate, to verify that no applicable 

emission control rules will be violated, and to 

verify that the net emission increase of the 

installation is below the de minimis levels; 

3. Net emissions do not increase above 

the de minimis levels at an installation having 

a de minimis permit urxter this section. If net 

emissions at the installation do increase above 

the de minimis levels, the installation shall be 

in violation of this rule until it obtains a per50 

those batch-type production processes which 

frequently change products and component 

source operations. Operating in violation of 

the conditions of a special case de minimis 

permit shall be a violation of this rule. 

(D) Air Quality Analysis Requirements. 

l. An air quality analysis will not be 

required for applications having a maximum 

design capacity emission rate of no more than 

the hourly de minimis level unless paragraph 

(5)(D)2. applies. For applications having a 

maximum design capacity emission rate 

greater than the hourly de minimis level, a 

permit will be issued only if an air quality 

analysis demonstrates that the proposed construction or modification will not appreciably 

affect air quality or the air quality standards 

are not appreciably exceeded. 

2. Exceptions. The director may require 

an air quality analysis for applications if it is 

likely that emissions of the proposed construction or modification will appreciably 

affect air quality or the air quality standards 

are being appreciably exceeded or complaints 

filed in the vicinity of the proposed construction or modification warrant an air quality 

analysis. 

(6) General Permit Requirements for Construction or Emissions Increase Greater Than 

De Minimis Levels. 

(A) A pennit shall be issued pursuant to 

this section only if it is determined that the 

proposed source operation or installation will 

not1. Violate any of the applicable provisions of this rule; 

2. Interfere with the attainment or maintenance of ambient air quality standards; 

3. Cause or contribute to ambient air 

concentrations in excess of any applicable 

maximum allowable increase listed in subsection (ll)(A) Thble l, of this rule, over the 

baseline concentration in any attainment or 

unclassified area; 

4. Violate any applicable requirements 

of the Air Conservation Law; and 

5. Cause an adverse impact on visibility 

in any Class I area (those designated in paragraph (12)(1)3. of this rule). 

(B) In order for the permitting authority to 

make this determination, each applicant 

shall1. Complete and submit appiication 

forms supplied by the permitting authority. 

CODE OF STATE REGULATIONS 

part of the application: site information; 

plans; descriptions; specifications; and drawings showing the design of the · installation, 

the nature and amount of emissions of each 

pollutant, and the manner in which it will be 

operated and controlled; 

3. Supply ambient air quality modeling 

data for the pollutant to determine the air 

quality impact of the installation on the applications with the potential to emit fifty (50) 

tons per year or more of particulate matter or 

sulfur dioxide. The modeling techniques to 

be used are as specified in the most recent 

version of the Environmental Protection 

Agency's (EPA) Guideline on Air Quality 

Models (EPA 450/2-78-027R), including 

supplements at the time of application, or 

another model which the permitting authority 

deems accurate. Temporary installations and 

portable equipment shall be CJiempt from this 

requirement provided that the source shall 

apply best available control technology 

(BACT) for each pollutant emitted in a significant amount; 

4. Furnish any additional information, 

plans, specifications, evidence, documentation, modeling, or monitoring data that the 

permitting authority may require to complete 

review under this rule; and 

5. Submit fees for the filing and processing of their permit application. The 

amount of the fee will be. determined from 

section (10) of this rule. 

(C) The review of each permit application 

will follow the procedures of subsection 

(12)(A), Appendix A of this rule and, when 

applicable, subsection (12)(B), Appendix B 

of this rule. 

(D) Special Considerations for Stack 

Heights and Dispersion Thchniques. 

1. The degree of emission limitation 

required for control of any air pollutant under 

this rule shall not be affected in any manner 

byA. That amount of the stack height of 

any installation which exceeds good engineering practice (GEP) stack height; or 

B. Any other dispersion technique. 

2. Paragraph (6)(0)1. of this rule shall 

not apply to stack heights on which construction commenced on or before December 31 , 

1970, or to dispersion techniques implemented on or before December 31, 1970. 

3. Before the permitting authority issues 

a permit under this rule based on stack 

(7/31/11) ROBIN CARNAHAN 

Secretary of State 
g

y 

p

sion technique be restricted in any manner. 

(E) After a permit has been granted1. The owner or operator subject to the 

provisions of this rule shall furnish the permitting authority written notification as follows: 

A. A notification of the anticipated 

date of initial start-up of the source operation 

or installation not more than sixty (60) days 

or less than thirty (30) days prior to that date; 

and 

B. A notification of the actual date of 

initial start-up of a source operation or insui.llation within fifteen (15) days after that date; 

2. A permit may be revoked if construction or modification work is not begun within two (2) years from the date of issuance or 

if work is suspended for one (1) year, and ifA. The delay was reasonably foreseeable by the owner or operator at the time the 

permit was issued; 

B. The delay was not due to an act of 

God or other conditions beyond the control of 

the owner or operator; or 

C. Failure to revoke the permit would 

be unfair to other potential applicants; 

3. Any owner or operator who constructs, modifies, or operates an installation 

not in accordance with the application submined and the permit issued, including any 

terms and conditions made a part of the permit, or any owner or operator of an installation who commences construction or modification after MaY 13, 1982, without meeting 

the requirements of this rule, is in violation of 

this rule; 

4. Approval to construct shall not relieve 

any owner or operator of the responsibility to 

comply fully with applicable provisions of the 

Air Conservation Law and rules or any other 

requirements under local, state, or federal 

law; and 

5. The permitting authority may require 

monitoring of visibility in any Class I area 

(those designated in paragraph (12)(1)3. of 

this rule) near the new installation or major 

modification for these purposes and by such 

means as the permitting authority deems necessary and appropriate. 

(7) Nonattainment Area Permits. This section 

applies to the construction of any new major 

stationary source or any project at an existing 

major stationary source in an area designated 

as nonattainment. 

ROBIN CARNAHAN 

secretary of State 

('7/31/111 

q

1. Except for sources with a Plantwide 

Applicability Limit (PAL), which shall comply with subsection (7)(C) of this rule, and in 

accordance with the defmition of the term 

major modification contained in subsection 

(l)(A) of this rule, a project is a major modification if it causes two (2) types of emissions increases for the nonattainment pollutant-a significant emissions increase and a 

significant net emissions increase. The project is not a major modification if it does not 

cause a signifiUUlt emissions increase. If the 

project causes a significant emissions 

increase, then the project is a major modification only if it also results in a significant 

net emissions increase. 

2. The emissions increase from the project is determined by taking the sum of the 

emissions increases from each emissions unit 

affected by the project. An emissions unit is 

considered to be affected by the project if an 

emissions increase from the unit would occur 

as a result of the project, regardless of 

whether a physical change or change in the 

method of operation will occur at the particular emissions unit. 

3. For each existing emissions unit 

affected by the project, the emissions 

increase is determined by taking the difference between the projected actual emissions 

for the completed project and the baseline 

actual emissions. In accordance with the definition of the term projected actual emissions 

found in 40 CFR 52.21 as referred to in subsection (1)(A) of this rule, the owner or operator of the major stationary source may elect 

to use the existing emission unit's potential to 

emit in lieu of the projected actual emissions 

for this calculation. 

4. For each new emissions unit affected 

by the project, the emissions increase is equal 

to the potential to emit. 

5. The procedure for calculating the net 

emissions increase (the significance of which 

is the second criterion for determining if a 

project is a major modification) is contained 

in the definition of the term net emissions 

increase found in subsection (l)(A) of this 

rule. 

6. The provisions of subsection (7)(B) of 

this rule do not apply to a source or modification that would be a major stationary 

source or major modification only if fugitive 

emissions to the extent quantifmble are considered in calculating the potential to emit of 

CODE OF STATE REGULATIONS 

(

) 

q

p

not be issued, for the construction of a new 

major stationary source fur the nonattainment 

pollutants, or fur a major modification fur the 

nonattainment pollutant of an existing major 

stationary source, unless the following 

requirements, in addition to section (6) of this 

rule, are met: 

1. By the time the source is to commence operation, sufficient emissions offsets 

shall be obtained as required to ensure reasonable further progress toward attainment of 

the applicable national ambient air quality 

standard and consistent with the requirements 

of Section 173(a)(1)(A) of the Clean Air Act 

and paragraphs 40 CFR 51.165(a)(3) and (9); 

2. In the case of a new or modified 

installation which is located in a zone (within the nonattainment area) identified by the 

administrator, in consultation with the Secretary of Housing and Urban Development, as 

a zone to which economic development 

should be targeted, emissions of that pollutant resulting from the proposed new or modified installation will not cause or contribute 

to emissions levels which exceed the 

allowance permitted for that pollutant for that 

zone from new or modified installations; 

3. Offsets have been obtained in accordance with paragraph (7)(B) 1. and with the 

offset and banking procedures in 10 CSR 10-

6.410; 

4 . The administrator has not determined 

that the state implementation plan is not 

being adequately implemented fur the nonattainment area in which the proposed source is 

to be constructed or modified; 

5. Temporary installation and portable 

sources shall be exempt from this section provided that the source applies BACT for each 

pollutant emitted in a significant amount; 

6. The applicant must provide documentation establishing that all installations in 

Missouri, which are owned or operated by 

the applicant, (or by any entity controlling, 

controlled by, or under common control with 

the applicant) are subject to emission limitations and are in compliance, or are on a 

schedule fur compliance, with all applicable 

requirements; 

7. Permit applications shall include a 

control technology evaluation to demonstrate 

that any new major stationary source or 

major modification will meet the lowest 

achievable emission rate (LAER) for all new 

51 
to this section, except where otherwise provided in this section; 

9. The applicant must provide an alternate site analysis; and 

10. The applicant shall provide an analysis of impairment to visibility in any Class I 

area (those designated in subsection (12)(1) of 

this rule) that would occur as a result of the 

installation or major modification and as a 

result of the general, commercial, residential, 

industrial, and other growth associated with 

the installation or major modification. 

(C) Plantwide Applicability Limits 

(PALs). The provisions of subsection (aa) of 

40 CFR 52.21, which is incorporated by reference in subsection (8)(A) of this rule, shall 

govern PALs of the nooattairunent pollutant 

for projects at existing major stationary 

sources in an area designated nonattainment, 

except that1. The term Administrator shall be the 

director of the Missouri Department of Natural Resources' Air Pollution Control Progra

m; 

2. The term BACT or LAER and the 

term BACT shall both be LAER for the 

nonattairunent pollutant; 

3. The term PSD program, as it appears 

in 40 CFR 52.21(aa)(1)(ii)(b), and the term 

major NSR program, as it appears in 

52.21(aa)(1)(ii)(c), both shall be Nonattainment Area Permit program of this section; 

and 

4. The director shall not allow a PAL for 

VOC or NOx for any existing major stationary source located in an extreme ozone nonattainment area. 

(D) Reporting and Record Keeping. This 

subsection applies to projects at ex1stmg 

major stationary sources, without a PAL, 

which are exempt from the permit requirements of subsection (7)(B) of this rule as a 

result of the applicability determination made 

in subsection (7)(A) of this rule. The owner 

or operator of such sources shall comply, in 

regards to the nonattairunent pollutant, with 

the provisions of paragraph (r)(6) of 40 CFR 

52.21, which is incorporated by reference in 

subsection (8)(A) of this rule, except that the 

term Administrator shall be the director of 

the Missouri Department of Natural 

Resources' Air Pollution Control Program. 

(E) Any construction or modification that 

will impact a federal Class I area shall be 

52 

ment of Natural Resources' Air Pollution 

Control Program shall transmit to the administrator of the U.S. Environmental Protection 

Agency a copy of each permit application 

filed under section (7) of this rule and shall 

notify the administrator of each significant 

action taken on the application. 

(8) Attairunent and Unclassified Area Permits. 

(A) All of the subsections of 40 CFR 

52.21 , other than (a) Plan disapproval, (q) 

Public participation, (s) Environmental 

impact statements, and (u) Delegation of 

authority, promulgated as of July 1, 2009, 

including the revision published at 75 FR 

31606-07 (effective August 2, 2010), are 

hereby incorporated by reference in this rule, 

as published by the Office of the Federal Register, U.S. National Archives and Records, 

700 Pennsylvania Avenue NW, Washington, 

DC 20408. This rule does not incorporate 

any subsequent amendments or additions. 

(B) Administrator as it appears in 40 CFR 

52.21 shall refer to the director of the Missouri Department of Natural Resources' Air 

Pollution Control Program except in the following, where it shall continue to refer to the 

administrator of the U.S. Environmental Protection Agency: 

1. (b )(17) Federally enforceable; 

2. (b)(37)(i) Repowering; 

3. (b)(43) Prevention of Significant 

Deterioration (PSD) program; 

4. (b)(48)(ii)(c); 

5. (b)(50) Regulated NSR pollutant; 

6. (b)(51) Reviewing authority; 

7 . (g) Redesignation; 

8. 0) Air quality models; 

9. (p)(2) Federal Land Manager; and 

10. (t) Disputed permits or redesignations. 

(C) All permit applications subject to section (8) of this rule are subject to the public 

participation requirements in subsection 

(12)(B) of this rule. 

(D) The director of the Missouri Department of Natural Resources' Air Pollution 

Control Program shall transmit to the administrator of the 

U.S. Environmental Protection 

Agency a copy of each permit application 

filed under section (8) of this rule and shall 

notify the administrator of each significant 

action taken on the application. 

CODE OF STATE REGULATIONS 

1. Area has no increment available; or 

2. Proposal will consume more increment than is available. 

(9) Hazardous Air Pollutant Permits. The 

requirements of this section apply to any 

owner or operator of a major source identified 

in subsection (9)(B) of this rule, unless the 

major source in question has been specifically regulated or exempted from regulation 

under a standard issued pursuant to section 

112(d), section ll2(h), or sectiol) l12(j) of 

the Clean Air Act and incorporated in another subpart of p;m 63 of the Code of Federal 

Regulations (CFR), or the owner or operator 

of such a major source has received all necessary air quality permits for construction or 

reconstruction before the effective date of this 

section. 

(A) Applicability. No person may construct 

or reconstruct a major source unless they 

submit an application and receive approval 

from the permitting authority according to 

the procedures of paragraphs (9)(C)2. and 

(9)(C)3. of this rule; or unless all of the following are satisfied: 

1. All HAPs emitted by the process or 

production unit that would otherwise be controlled under the requirements of this section 

will be controlled by emission control equipment which was previously installed at the 

same site as the process or production unit; 

2. The permitting authorityA. Has determined within a period of 

five (5) years prior to the fabrication, erection, or installation of the process or production unit that the existing emission control 

equipment represented best available control 

technology (BACI'), lowest achievable emission rate (LAER) under 40 CFR part 51 or 

52, toxic-best available control technology 

(T-BACI), Of{ maximum achievable control 

technology (MACT) based on state air toxic 

rules for the category of pollutants which 

includes those HAPs to be emitted by the 

process or production unit; or 

B. Determines that the control of 

HAP emissions provided by the existing 

equipment will be equivalent to that level of 

control currently achieved by other well-controlled similar sources (i.e., equivalent to the 

level of control that would be provided by a 

current BACT, LA

ER, T-BACT, or state air 

toxic rule MACT determination); 

(7/31111) ROBIN CARNAHAN 

Secret.ry of State 
p

p

tion unit; 

4. The permitting authority has provided 

notice and an opportunity for public comment 

concerning its determination that criteria in 

paragraphs (9)(A)l., 2., and 3. of this rule 

apply and concerning the continued adequacy 

of any prior LAER, BACT, T-BACT, or state 

air toxic rule MACT determination; 

5. If any commenter has asserted that a 

prior LAER, BACT, T-BACT, or state air 

toxic rule MACT determination is no longer 

adequate, the permitting authority has determined that the level of control required by 

that prior determination remains adequate; 

6. The requirements of section (6) of 

this rule are met; and 

7. Any emission limitations, work practice requirements, or other terms and conditions upon which the above determinations by 

the permitting authority are predicated will 

be construed by the permitting authority as 

applicable requirements under section 504(a) 

of the Clean Air Act and either have been 

incorporated into any existing Part 70 permit 

for the affected facility or will be incorporated into such permit upon issuance. 

(B) Exemptions. The requirements of section (9) of this rule do not apply to1. Electric utility steam generating units 

unless they are listed on the source category 

list established in accordance with section 

112(c) of the Clean Air Act; or 

2. Research and development activities. 

(C) MACT Review and Determinations. 

1. General principles. 

A. The MACT emission limitation or 

MACT requirements recommended by the 

applicant and approved by the permitting 

authority shall not be less stringent than the 

emission control which is achieved in practice by the best controlled similar source, as 

determined by the permitting authority. 

B. Based upon available information, 

the MACT emission limitation and control 

technology recommended by the applicant 

and approved by the permitting authority 

shall achieve the maximum degree of reduction in emissions of HAPs which can be 

achieved by utilizing those control technologies that can be identified from the available 

information, taking into consideration the 

costs of achieving such emission reduction 

and any non-air quality health and environmental impacts and energy requirements 

associated with the emission reduction. 

ROBIN CARNAHAN 

Secretary of State 

(7131111) 

p

under the criteria set forth in section 

112(h)(2) of the Clean Air Act. 

D. The applicant has met the requirements of section (6) of this rule. 

2. Application requirements for a caseby-case MACT determination. 

A. An application for a MACT determination shall specify a control technology 

selected by the owner or operator that, if 

properly operated and maintained, will meet 

the MACT emission limitation or standard as 

determined according to the principles set 

forth in paragraph (9)(C)l. of this rule. 

B. Where additional control technology or a change in control technology is 

required, the application for a MACf determination shall contain the following information: 

([) Emissions Information for Construction Permit Application; 

(II) Standard application form and 

information as described in paragraph 

(12)(A)4. of this rule; 

(Ill) The anticipated date of startup; 

(IV) The estimated emission rate 

for each such HAP, to the extent this information is needed by the permitting authority 

to determine MACT; 

(V) Any applicable federallyenforceable emission limitations; 

(VI) The maximum and expected 

utilization of capacity and the associated 

uncontrolled emission rates for that source, to 

the extent this information is needed by the 

permitting authority to determine MACT; 

(Vll) The controlled emissions in 

tons/year at expected and maximum utilization of capacity, to the extent this information 

is needed by the permitting authority to determine MACI'; 

(Vlli) A recommended emission 

limitation consistent with the principles set 

forth in paragraph (9)(C)l. of this rule; 

(IX) The selected control technology to meet the recommended MACT emission limitation, including technical information on the design, operation, size, and 

estimated control efficiency of the control 

technology (and the manufacturer's name, 

address, telephone number, and relevant 

specifications and drawings, if requested by 

the permitting authority); 

(X) Supporting documentation 

including identification of alternative control 

CODE OF STATE REGULATIONS 

q

y 

authority deemed necessary to determine 

MACT. 

C. Where the owner or operator contends that source will be in compliance, upon 

start-up, with case-by-case MACT without a 

change in control technology, the application 

for a MACT determination shall contain the 

following information: 

([) The information described in 

parts (9)(C)2.B.(II) through (9)(C)2.B.(XI) 

of this rule to determine MACT; and 

(I[) Documentation of the control 

technology in place. 

3. Administrative procedures for review 

of the MACT application. 

A. The permitting authority will notify the owner or operator in writjng, within 

thirty (30) days from the date the application 

is first received, as to whether the application 

for a MACT determination is complete or 

whether additional information is required. 

B. The permitting authority will initially approve the recommended MACT emission limitation and other terms set forth in the 

application, or the permitting authority will 

notify the owner or operator in writing of its 

intent to disapprove the application, within 

thirty (30) calendar days after the owner or 

operator is notified in writing that the application is complete. 

C. Notice of disapproval. 

(I) The owner or operator may present, in writing, within sixty (60) calendar 

days after receipt of notice of the permitting 

authority's intent to disapprove the application, additional information or arguments 

pertaining to, or amendments to, the application for consideration by the permitting 

authority before it decides whether to finally 

disapprove the application. 

(II) The permitting authority will 

either initially approve or issue a final disapproval of the application within ninety (90) 

days after it notifies the owner or operator of 

an intent to disapprove or within thirty (30) 

days after the date additional information is 

received from the owner or operator, 

whichever is earlier. 

(Ill) A fmal determination by the 

permitting authority to disapprove any application will be in writing and will specify the 

grounds on which the disapproval is based. If 

any application is fmally disapproved, the 

owner or operator may submit a subsequent 

application, provided that the subsequent 

53 
pursuant to this rule shall contain a MACT 

emission limitation (or a MACT work practice standard if the permitting authority determines it is not feasible to prescribe or enforce 

an emission standard) to control the emissions of HAP. 

(II) Such construction permit will 

specify any notification, operation and maintenance, performance testing, monitoring, 

reporting, and record-keeping requirements. 

Such construction permit shall include: 

(a) In addition to the MACf 

emission limitation additional emission limits, production limits, operational limits, or 

other terms and conditions necessary to 

ensure enforceability of the MAcr emission 

limitation; 

(b) Compliance certifications, 

testing, monitoring, reporting, and recordkeeping requirements that are consistent with 

the requirements of 10 CSR 10-6.065; 

(c) In accordance with section 

114(a)(3) of the Clean Air A£t, monitoring 

shall be capable of demonstrating continuous 

compliance during the applicable reponing 

period. Such monitoring data shall be of sufficient quality to be used as a basis for 

enforcing all applicable requirements including emission limitations; and 

(d) A statement requiring the 

owner or operator to comply with all applicable requirements. 

(Ill} ApProval shall expire if construction or reconstruction has not commenced within eighteen (18) months of 

issuance, unless the permitting authority has 

granted an extension. However, in no case 

will approval extend beyond thirty (30) 

months from the date of issuance if construction or reconstruction have not commenced. 

E. Opportunity for public comment 

on the construction permit shall follow the 

procedure found in subsection (12)(B), 

Appendix B, Public Participation, of this 

rule. 

F. EPA notification. The permitting 

authority shall send a copy of the final construction permit or other notice of approval 

issued to the administrator through the appropriate regional office, and to all other state 

and local air pollution control agencies having jurisdiction in affected states; 

G. Compliance date. On and after the 

date of start-up, a constructed or reconstructed major source which is subject to these 

l. If an emission standard is promulgated under section 112(d) or section 112(h) of 

the Clean Air Act or the state issues a determination under section 112(j) of the Clean 

Air Act that is applicable to a stationary 

source or group of sources which would be 

deemed to be a constructed or reconstructed 

major source under this section before the 

date that the owner or operator has obtained 

a final and legally effective MACf determiruu:ion under any of the review options available in this rule, the owner or operator of the 

source(s) shall comply with the promulgated 

standard or determination rather than any 

MACI' determination under this section by 

the state, and the owner or operator shall 

comply with the promulgated standard by the 

compliance date in the promulgated standard. 

2. If an emission standard is promulgated under section 112(d) or section 112(h) of 

the Clean Air Act or the state issues a determination under section 112(j) of the Clean 

Air Act that is applicable to a stationary 

source or group of sources which would be 

deemed to be a constructed or reconstructed 

major source under this section and has been 

subject to a prior case-by-case MACT determination pursuant to this section, and the 

owner or operator obtained a final and legally effective case-by-case MACI' determination prior to the promulgated date of such 

emission standard, then the state shall (if the 

initial part 70 permit has not yet been issued) 

issue an initial operating permit which incorporates the emission standard or determination, or shall (if the initial part 70 permit has 

been issued) revise the operating permit 

according to the reopening procedures in 40 

CPR part 70 or part 71, whichever is relevant, to incorporate the emission standard or 

determination. 

A. The EPA may include in the emission standard established under section 

112(d) or section 112(h) of the Clean Air Act 

a specific compliance date for those sources 

which have obtained a final and legally effective MACf determination under this section 

and which have submitted the information 

required by this section to the EPA before the 

close of the public comment period for the 

standard established under section 112(d) of 

the Clean Air A£t. Such date shall assure that 

the owner or operator shall comply with the 

promulgated standard as expeditiously as 

practicable, but no longer than eight (8) years 

CODE OF STATE REGULATIONS 

nation, for those sources which have obtained 

a final and legally effective MACT determination under this section, then the permitting 

authority shall establish a compliance date in 

the ·permit that assures that the owner or 

operator shall comply with the promulgated 

standard or determination as expeditiously as 

practicable, but not longer than eight (8) 

years after such standard is promulgated or a 

section ll2G) determination is made. 

3. Notwithstanding the requirements of 

paragraphs (9)(D)l . and 2. of this rule, if an 

emission standard is promulgated under section 112( d) or section 112(h) of the Clean Air 

Act or the state issues a determination under 

section 112(j) of the Clean Air Act that is 

applicable to a stationary source or group of 

sources which was deemed to be a constructed or reconstructed major source under this 

section and which is the subject of a prior 

case-by-case MACT determination pursuant 

to this section, and the level of control 

required by the emission standard issued 

uooer section 112(d) or section ll2(h) or the 

determination issued under section 112(j) is 

less stringent than the level of control 

required by any emission limitation or standard in the prior MAcr determination, the 

state is not required to incorporate any less 

stringent terms of the promulgated standard 

in the part 70 operating permit applicable to 

such source(s) and may in its discretion consider any more stringent provisions of the 

prior MACT determination to be applicable 

legal requirements when issuing or revising 

such operating permit. · 

(10) Permit Amendments and Fees. 

(A) Permit Fees. 

l. All installations or source operations 

requiring permits under this rule shall make 

application to the permitting authority and 

submit the application with a permit filing fee 

of one hundred dollars ($100). Failure to submit the permit filing fee constitutes an incomplete permit application according to paragraph (l2)(A)2. of this rule. 

2. Upon the determination that a complete application for a permit or a permit 

amendment has been received, a fee for permit processing in the amount of fifty dollars 

($50) per hour of actual staff time will begin 

to accrue. In lieu of the fifty-dollar ($50) perhour review fee, for projects subject to 

review under paragraph (4)(D)l. of this rule, 

(7/31/11) ROBIN CARNAHAN 

Secm.ry of State 
approved, denied, w

t

, 

After the ninety (90) calendar days, the 

unpaid processing fees shall have interest 

imposed upon the unpaid amount at the rate 

often percent (10%) per annum from the date 

of billing until payment is made. Failure to 

submit the processing fees after the ninety 

(90) calendar days will result in the permit 

being denied (revoked for portable installation location amendments) and the rejection 

of any future permit applications by the same 

applicant until the processing fee plus interest 

have been paid. 

4. In addition to permit filing and processing fees, the applicant shall pay for any 

publication of notice required and shall pay 

for the original and one (1) copy of the transcript, to be filed with the permitting authority, of any hearing required under this rule. 

No permit shall be issued until all publication 

and transcript costs have been paid. 

5. Partially processed pennits that are 

withdrawn after submittal shall be charged at 

the same processing fee rate in paragraph 

(lO)(A)2. of this rule for the time spent processing the application. 

6. The commission may reduce the permit processing fee or exempt any person from 

payment of the fee upon an appeal filed with 

the commission stating and documenting that 

the fee will create an unreasonable economic 

hardship upon the person. 

7. Any person who obtains a valid permit from a city or county holding a certificate 

of authority granted by the commission under 

section 643.140, RSMo, shall be deemed to 

have met the fee requirements of this section 

for that permit. 

(B) Amending a Final Permit. 

l. No changes in the proposed installation or modification may be made which 

\Wuld change any infonnation in a fmalized 

permit, except in accordance with this subsection. 

2. If the applicant desires to make the 

change, the applicant shall submit in writing 

a request to the permitting authority that the 

permit be amended. 

3. If the requested change will result in 

increased emissions, air quality impact or 

increment consumption, and is submitted 

after the final notice of permit processing fee 

due, a new pennit application is required for 

the requested change. The new application, to 

the maximum extent possible, should reference those portions of the original application 

ROBIN CARNAHAN (7/31/11) 

Secntary of Stata 

q

g

in increased emissions, air quality impact, or 

increment consumption, the original permit 

application shall be amended and the permit 

shall be modified pursuant to the amended 

application within thirty (30) calendar days of 

receipt of the written request. The fee for this 

type of change will be subject to the requirements of subsection (lO)(A), except paragraph (lO)(A}l., of this rule. 

(11) Thbles. 

(A) Table 1-Ambient Air Increment 

Thble. 

Maximum 

Allowable 

PoUutant Increase 

Class I Areas 

Particulate Matter 10 Micron 

Annual arithmetic mean 4 

24-hour maximum 8 

Sulfur Dioxide: 

Annual arithmetic mean 2 

24-hour maximum 5 

3-hoor maximum 25 

Nitro~n Dioxide: 

Annual arithmetic mean 2.5 

Class II Areas 

Particulate Matter 10 Micron 

Annual arithmetic mean 17 

24-hour maximum 30 

Sulfur dioxide: 

Annual arithmetic mean 20 

24-hour maximum 91 

3-hour maximum 512 

Nitrogen Dioxide: 

Annual arithmetic mean 25 

Class Ill Areas 

Particulate Matter 10 Micron 

Annual arithmetic mean 34 

24-hour maximum 60 

Sulfur dioxide: 

Annual arithmetic mean 40 

24-hour maximum 182 

3-hour maximum 700 

Nitrogen Dioxide: 

Annual arithmetic mean 50 

Notes: 

1. AU increases in micrograms per cubic 

meter. ror any period other than on annual 

period, the applicable maximum allowable 

increase may be exceeded during one (1) 

period once per year at any one (1) location. 

2. There are two (2) Class I Areas in MisCODE OF STATE REGULATIONS 

PoUutant 

Carbon monoxide 

Nitrogen dioxide 

Particulate matterAir Quality Impact 575, 8-hour average 14, annual 

tO micron (PM10) 10, 24-hour 

13, 24-hour 

* 

Sulfur dioxide 

Ozone 

Lead 

Mercury 

Beryllium 

Fluorides 

Vinyl chloride 

Thtal reduced sulfur 

Hydrogen sulfide 

.1, 3-month 

0.25, 24-hour 

.001, 24-hour 

0.25, 24-hour 

Reduced sulfur compounds 

15, 24-hour 

10, 1-hour 

0.2, 1-hour 

10, 1-hour 

Note: All impacts in micrograms per cubic 

meter. 

*No significant monitoring concentration is 

provided for ozone. However, any potential 

net increase of 100 tons per year, or more, of 

volatile organic compounds or nitrogen 

oxides subject to section (8) of this rule would 

require an ambient impact afUllysis, including 

the gathering of ambient air qlUllity data. 

(C) Thble 3-Missouri Guidelines for Valid 

Data Thtal Suspended Particulate. 

Thne Period 

Month 

Quarter 

Year 

Minimum Requirement 

for Validity 

2, 24-hour samples 

10, 24-hour samples and 

3 valid months 

45, 24-hour samples and 4 

valid quarters 

Continuously Monitored Data 

11me Period 

3-hour running 

average 

8-hour running 

average 

24-hour average 

. (daily) 

Monthly 

Quarterly' 

Yearly> 

Minimum Requirement 

for Validity 

3 consecutive hourly 

observations 

6 hourly observations 

18 hourly observations 

21 daily averages 

3 consecutive monthly 

averages 

11 month1y averages 

1Quarter is defmed as calendar quarter. 

>Year is defined as four (4) consecutive calendar quarters. 

(D) Thble 4-Significant Levels for Air 

55 
NO, l.O 

co .5 2 

Note: All impacts in micrograms per cubic 

meter, except for CO in milligrams per cubic meter. 

(12) Appendices. 

(A) Appendix A, Permit Review Procedures. 

1. Preapplication meeting. Prior to submittal of a complete permit application, the 

applicant may request a preapplication meeting with the permitting authority to discuss 

the nature of and apparent requirements for 

the forthcoming permit application. This meeting shall not fall under the permit fee 

requirements. 

2. Complete application. 

A. The permitting authority shall 

review each application for completeness and 

shall inform the applicant within thirty (30) 

days if the application is not complete. In 

order to be complete, an application must 

include a completed application form and, to 

the extent not called for by the form, the 

information required in paragraph (12)(A)4. 

of this rule. 

B. If the permitting authority does not 

notify the installation that its application is not complete within thirty (30) days of receipt 

of the application, the application shall be 

deemed complete. However, nothing in this 

subsection shall prevent the permitting 

authority from requesting additional information that is reasonably necessary to process 

the application. 

(I) The permitting authority shall 

maintain a checklist to be used for the completeness determination. A copy of the checklist identifying the application's deficiencies 

shall be provided to the applicant along with 

the notice of incompleteness. 

(II) If, while processing an application that has been determined or deemed to 

be complete, the permitting authority determines that additional information is necessary to evaluate or to take final action on that 

application, the permitting authority may 

request this additional information in writing. 

In requesting this information, the permitting 

authority shall establish a reasonable deadline 

for a response. The review period will be 

extended by the amount of time necessary to 

collect the required information. 

56 

specifically and list which portions of the previous permit, applications, or both, are incorporated by reference. In addition, a permit 

amendment application must contain-

(a) Information specified in paragraph ( 12)(A)4. of this rule for those products, processes, operations, and emissions-

[. That are not addressed in 

the previous permit or application; 

II. That are subject to applicable requirements that are not addressed in the 

previous permit or application; or 

III. Por which the applicant 

seeks permit terms and conditions that differ 

from those in the previous permit or application. 

C. Confidential information. An 

applicant may submit information to the permitting authority under a claim of confidentiality pursuant to 10 CSR 10-6.210. 

D. Filing fee. Each application must 

be accompanied by a one hundred-dollar 

($100) filing fee. 

3. Duty to supplement or correct application. Any applicant who fails to submit any 

relevant facts or who has submitted incorrect 

information in a permit application, upon 

becoming aware of the failure or incorrect 

submittal, shall promptly submit supplementary facts or corrected information. In addition, an applicant shall provide additional 

information, as necessary, to address any 

requirements that become applicable to the 

installation after the date an application is 

deemed complete, but prior to the issuance of 

the construction permit. 

4. Standard application form and 

required information. The director will provide a standard application package for applicant's use. An applicant shall submit an 

application package consisting of the standard 

application form and Emissions Information 

for Construction Permit Application. After 

the effective date of this rule, any revision to 

the department-supplied forms will be presented to the regulated community for a 

forty-five (45)-day ·comment period. The 

application package must include all information needed to determine applicable requirements. The application must include information needed to determine the applicability of 

any applicable requirement. ,The applicant 

shall submit the information called for by the 

application form for each emissions unit at 

the installation to be permitted. The standard 

CODE OF STATE REGULATIONS 

registered agent, and the telephone number 

and name of the plant site manager or other 

contact person; 

B. Processes and products. A description of the installation's processes and products (by two (2)-digit Standard Industrial 

Classification Code); 

C. Emissions-related information. 

The following emissions-related information 

on the emission inventory forms: 

(I) All emissions of regulated air 

pollutants. The permit application shall 

describe all emissions of regulated air pollutants emitted from each emissions unit, 

except as provided for by this section. The 

installation shall submit additional information related to the emissions of air pollutants 

sufficient to verify which requirements are 

applicable; 

(II) Identification and description 

of all emissions units whose emissions are 

included in part (12)(A)4.C.(I) of this rule, in 

sufficient detail to establish the applicability 

of all requirements; 

(III) Emissions rates, or information that enables the permitting authority to 

determine such rates, in tons per year and in 

such terms as are necessary to establish compliance consistent with the applicable standard reference test method, if any; 

(IV) Information to the extent needed to determine or regulate emissions: fuels, 

fuel use, raw materials, production rates, and 

operating schedules; 

(V) Identification and description 

of air pollution control equipment; 

(VI) Identification and description 

of compliance monitoring devices or activities; 

(VII) Limitations on installation 

operations affecting emissions or any work 

practice standards, where applicable, for all 

regulated air pollutants; 

(VIII) Other information required 

by any applicable requirement (including 

information related to stack height limitations 

developed pursuant to section 123 of the 

Act); and 

(IX) Calculations on which the 

information in items (12)(A)4.C.(I)-(VIII) of 

this rule is based; 

D. Other specific information 

required under the permitting authority's rule 

to implement and enforce other applicable 

requirements of the Act or of these rules, or 

(7131/11) ROBIN CARNAHAN 

Secretary of State 
y, 

p

, 

any other certification, shall be signed by a 

responsible official and shall contain the following language: .. 1 certify, based on information and belief formed after reasonable 

inquiry, the statements and information in the 

document are true, accurate, and complete." 

6. Receipt of the complete application. 

Upon receipt of a complete permit application, the permitting authority shall proceed 

with processing of the application. 

7. Notification of processing fees. The 

permitting authority, as timely as possible, 

will notify the applicant in writing if the permit processing fee approaches one thousand 

dollars ($1 ,000) and in one thousand-dollar 

($1,000) increments after that. 

8. Public participation. For all applications for sources that emit five (5) or more 

tons of lead per year, or that contain good 

engineering practice stack height demonstrations, or that are subject to section (7) or (8) 

of this rule, the permitting authority shall follow the procedures for public participation as 

specified in section (12), Appendix (B) of 

this rule. 

9. Final completeness determination. 

Final determmation will be made on the following schedules: 

A. The permitting authority will 

make final determinations for complete permit applications processed under section (7), 

(8), or (9) of this rule no later than one hundred eighty-four (184) calendar days after 

receipt of a complete application, taking into 

account any additional time necessary for 

missing information; 

B. The permitting authority will make 

final determination for complete permit 

applications processed under section (3), (4), 

(5), or (6) of this rule no later than ninety 

(90) calendar days after receipt of a complete 

application, taking into account any additional time necessary missing information; 

and 

C. If the permitting authority exceeds 

the time for review described in subparagraph 

(12)(A)9.A. or B. of this rule, the applicant 

shall not be required to pay the processing fee 

associated with the application. 

10. Conditions required by permitting 

authority. The permitting authority may 

impose those conditions in a permit as may 

be necessary to accomplish the purposes of 

this rule, any applicable requirements, or the. 

Air Conservation Law, Chapter 643, RSMo, 

ROBIN CARNAHAN 

Secretary of State 

(7/31/11) 

p

g 

A. Sampling ports of a suitable size, 

number, and location; 

B. Safe access to each port; 

C. Instrumentation to monitor and 

record emission data; 

D. Other sampling and testing facilities; 

E. Operating or work practice constraints to limit the maximum level of emissions; 

F. Emission control device efficiency 

specifications to limit the maximum level of 

emissions; 

G. Maximum level of emissions; 

H. Emission testing after commencing operations, to be conducted by the owner 

or operator, as necessary to demonstrate 

compliance with applicable requirements or 

other permit conditions; 

I. Data reporting; and 

J. Post-construction ambient monitoring and reporting. 

11. Drafts for public comment. Following review of an application, the permitting 

authority shall issue a draft permit for public 

comment, in accordance with subsection 

(12)(B) of this rule. The draft shall be accompanied by a statement setting forth the legal 

and factual basis for the draft permit conditions (including references to applicable 

statutory or regulatory provisions). The permitting authority shall send this statement to 

the administrator, to affected states, and to 

the applicant, and shall place a copy in the 

public file. 

12. Additional procedures needed for 

unified reviews of this rule's section (6), (7), 

(8), or (9) unified review construction permit 

applications and part 70 operating permit 

applications. 

A. Permit review by the administrator 

and affected states. 

(I) Administrator review. 

(a) Copies of applications, proposals, and final actions. The applicant will 

provide two (2) copies of the information 

included in an application. The permitting 

authority will forward to the administrator 

one (l) copy of each permit application and 

each final operating permit. 

(b) Administrator's objection. 

No permit shall be issued under this rule if 

the administrator objects to its issuance in 

writing within forty-five (45) days after 

receipt of the proposed permit and all necesCODE Of STATE REGULATIONS 

j

, 

y 

deny the permit in accordance with the Act. 

(d) Public petitions for objection. If the administrator does not object to a 

proposed permit any person may petition the administrator to make such an objection within sixty (60) days after expiration of 

the administrator's forty-five (45)-day review 

period. 

I. This petition may only be 

based on objections raised during the public 

review process, unless the petitioner demonstrates that it was impracticable to raise 

objection during the public review period 

(including when the grounds for objection 

arose after that period). 

II. If the administrator 

responds to a petition filed under this section 

by issuing an objection, · the permitting 

authority will not issue the permit until the 

objection has been resolved. If the permit was 

issued after the administrator's forty-five 

(45)-day review period, and prior to any 

objection by the administrator, the permitting 

authority shall treat that objection as if the 

administrator were reopening the permit for 

cause. In these circumstances, the petition to 

the administrator does not stay the effectiveness of the issued permit, and the permittee 

shall not be in violation of the requirement to 

have submitted a complete and timely permit 

application. 

(II) Affected state review. 

(a) Notice of draft actions. The 

permitting authority will give notice of each 

draft permit to any affected state on or before 

the time that the permitting authority provides notice to the public. Affected states 

may comment on the draft permit action during the period allowed for public comment, 

as shall be set forth in a notice to affected 

states. 

(b) Refusal to accept recommendations. If the permitting authority refuses to 

accept all n:commendations for a proposed 

permit action that any affected state has submitted during the review period, the permitting authority shall notify the administrator 

and the affected state in writing of its reasons 

for not accepting those recommendations. 

B. Proposals for review. Following the 

end of the public comment period, the permitting authority shall prepare and submit to 

the administrator a proposed permit. 

(I) The proposed permit shall be 

issued no later than forty-five (45) days after 

57 
cable to the installation following the 

issuance of the draft permit, but before 

issuance of a final permit, the permitting 

authority may elect to either-

(a) Extend or reopen the public 

comment period to solicit comment on additional draft permit provisions to implement 

the new requirements; or 

(b) If the permitting authority 

determines that this extension or reopening of 

the public comment period would delay 

issuance of the permit unduly, the permitting 

authority may include in the proposed or final 

permit, or both, a provision stating that the 

operating permit will be reopened immediately to incorporate the new requirements and 

stating that the new requirements are excluded from the protection of the permit shield. If 

the permitting authority elects to issue the 

proposed or final permit, or both, without 

incorporating the new requirements, the permitting authority, within thirty (30) days after 

the new requirements become applicable to 

the source, shall institute proceedings pursuant to this section to reopen the permit to 

incorporate the new requirements. These 

reopening proceedings may be instituted, but 

need not be completed, before issuance of the 

final permit. 

C. Action following the administrator's review. 

(I) Upon receipt of notice that the 

administrator will not object to a proposed 

permit that has been submitted for the administrator's review pursuant to this section, the 

permitting authority shall issue the permit as 

soon as practicable, but in no event later than 

the fifth day following receipt of the notice 

from the administrator. 

(II) furty-five (45) days after transmittal of a proposed permit for the administrator's review, and if the administrator has 

not notified the permitting authority that s/he 

objects to the proposed permit action, the 

permitting authority shall promptly issue the 

permit, but in no event later than the fiftieth 

day following transmittal to the administrator. 

(110 If the administrator objects to 

the proposed permit, the permitting authority 

shall consult with the administrator and the 

applicant, and shall submit a revised proposal to the administrator within ninety (90) days 

after the date of the administrator's objection. 

If the permitting authority does not revise the 

permit, the permitting authority will so 

58 

ing a final determination whether the permit 

should be approved, approved with conditions, or denied, the permitting authority 

shall notify the applicant in writing of the 

final determination and the total permit processing fees due. 

14. Notice of processing fees due. If 

payment of permit processing fees has not 

been received from the applicant eighty (80) 

calendar days after the final determination, 

the permitting authority shall issue in writing 

to the applicant a fmal notice of payment due. 

15. Processing fees unpaid. If payment 

of permit processing fees has not been 

received from the applicant ninety (90) calendar days after the final determination, the 

permitting authority shall notify the applicant 

that the permit has been denied, provided the 

application previously had been approved in 

the final determination. The permitting 

authority also shall advise the applicant that 

the fee is still due and, as specified in paragraph (10)(A)3. of this rule, the fee shall have 

interest imposed upon it from the date of 

billing until payment is made. 

16. Payment received. No later than 

three (3) calendar days after receipt of the 

whole amount of the fee due, the permitting 

authority will send the applicant a notice of 

payment received. The permit will also be 

issued at this time, provided the final determination was for approval and the permit processing fee was timely rei:eived. · 

(B) Appendix B, Public Participation. 

I. This subsection shall apply to applications for unified review, as well as applications under sections (7) and (8) of this rule, 

applications for source operations or installations emitting five (5) or more tons of lead 

per year, and applications containing GEP 

stack height demonstrations as defined in 10 

CSR l0-6.020(1)(G)3.A.-C. 

2. fur those applications subject to section (7) or (8) of this rule, completing the 

final determination within one hundred 

eighty-four (184) days after receipt of a complete application involves performing the following actions in a timely manner; 

A. Preliminary determination. Within 

ninety (90) days after receipt of a complete 

application, the permitting authority shall 

make a preliminary determination whether 

construction should be approved, approved 

with conditions, or denied; 

B. Draft for public comment and pubCODE OF STATE REGULATIONS 

structed or operated. The public notice shall 

describe the nature of the application, including, with reasonable specificity, the following: name, address, phone number, and representative of the agency issuing the public 

notice; name and address of the applicant; 

and the proposed project, including its location and permits applied for; a description of 

the amount and location of emission reductions that will offset the emissions increase 

from the new or modified source; and include 

information on how LAER was determined 

for the project (where appropriate). The public notice shall also include degree of increment consumption, when appropriate, the 

permitting authority's preliminary determination of whether or not to approve, approve 

with conditions or deny, and any reference to 

conditions relating to visibility as required in 

paragraph (8)(C)5. of this rule. The notice 

shall state that the department will hold a 

public hearing if one is requested, at which 

time any interested person may submit any 

relevant information, materials, and views in 

suppon of or opposed to the permit applied 

for. The notice shall state the location and 

time of the public hearing with the hearing 

being held in the county in which all or a 

major part of the proposed project is to be 

located and state that the hearing will be canceled if a request for a hearing is not received 

within twenty-eight (28) days of the publication of the notice. The hearing shall be scheduled not less than thirty (30) nor more than 

forty (40) days from the date of publication of 

the notice. The notice also shall state that any 

interested person may submit relevant information materials and views to the permitting 

authority, in writing, until the end of the fortieth day after the date of publication of the 

notice for public hearing. The notice shall 

further state that a copy of materials submitted by the applicant and used in making the 

preliminary determination, a copy of the preliminary determination, and a copy or summary of other materials, if any, considered in 

making the preliminary determination are 

available for public inspection at the Department of Natural Resources' regional office in 

the region in which the proposed installation 

or major modification would be constructed, as well as at the Jefferson City Central Office of the Air Pollution Control Program. The 

permitting authority shall submit a copy of 

this public notice to the administrator; 

(7f31f11) ROBIN CARNAHAN 

Secretary of State 
posed installation or major modification 

would be constructed, as well as in the Air 

Pollution Control Program Office in Jefferson City, a copy of the preliminary determination, and a copy of summary of other materials, if any, considered in making the 

preliminary determination; 

D. The permitting authority may designate another person to conduct any hearing 

under this section; 

E. Distribution of public notice. Within ten (10) days after the close of the preliminary review period, the permitting authority 

shall send a copy of the public notice to the 

applicant and to officials and agencies having 

cognizance over the location where the proposed construction would occur as follows: 

local air pollution control agencies, the chief 

executive of the city and county where the 

installation or modification would be located, 

any comprehensive regional land use planning 

agency, any state air program permitting 

authority, and any Federal Land Manager 

(FLM) whose lands may be affected by emissions from the installation or modification; 

F. Public comment and applicant 

response. The permitting authority shall consider all written comments submitted within 

the time specified in the public notice and all 

comments received at the public hearing, if 

one is held, in making a final decision on the 

approvability of the application. No later than 

ten (10) days after the close of the public 

comment period, the applicant may submit a 

written response to any comments submitted 

by the public. The permitting authority shall 

consider the applicant's response in making a 

final decision. The permitting authority shall 

make all comments available for public 

inspection .in the same locations where the 

permitting authority made available prehearing information relating to the proposed 

installation or modification. Further, the permitting authority shall prepare written 

response to all comments and make them 

available at the locations referred to previously; 

G. Final determination. The permitting authority shall make a final determination whether construction should be 

approved, approved with conditions, or 

denied pursuant to this rule, then notify the 

applicant in writing of the final determination 

and make this notification available for public 

inspection at the same locations where the 

ROBIN CARNAHAN 

Secretary of State 

(7131111) 

opportunity for public comment and hearing 

equivalent to that provided by this subsection, 

the permitting authority may make a final 

determination without providing public notice 

and opportunity for public comment and 

hearing required by this subsection; and 

I. Class I area visibility review and 

notice to the FLM. 

(I) For proposed installation subject 

to specific permit requirements in sections 

(7) and (8) of this rule, but not dependent on 

any quantity of lead emissions as stated in 

paragraph (12)(B)l. of this rule, the permitting authority shall provide advance notification to any FLM where, in the judgment of 

the permitting authority, visibility may be 

affected in a Class I area of the FLM's 

responsibility. The notice shall be provided 

within thirty (30) days of receipt of an initial 

application or when first learning of the 

applicant's intent for a permit. 

(II) No later than thirty (30) days 

after receipt of a complete application, the 

permitting authority shall make written notification to the FLM whose Class I area (those 

designated in paragraph (12)(1)3. of this rule) 

may be affected by emissions from the proposed source. The nOtification must include 

all information relevant to the permit application and shall include an analysis of anticipated Class I visibility impacts. The permitting authority may also make this notification 

to any additional FLM whose Class I area's 

visibility, in the judgment of the permitting 

authority, may be impacted. 

(Ill) The permitting authority shall 

consider any analysis performed by an FLM 

that is provided to the permitting authority 

within thirty (30) days of the FLM's receipt 

of the notification and analysis required in 

part (l2)(B)2.1.(II) of this rule. Where the 

FLM's analysis indicates that an adverse 

impact on visibility (as defined in lO CSR 10-

6.020) would occur in a Class I area as a 

result of the proposed project, and analysis 

does not demonstrate an adverse impact to 

the permitting authority's satisfaction, the 

permitting authority shall so indicate the dissatisfaction in the public notice of bearing. 

With this condition, the public notice also 

shall contain the location where an explanation of the permitting authority's reasoning 

can be found, and that the explanation be 

available for public inspection no later than 

the date public notice is published. 

CODE OF STATE REGULATIONS 

y (

) 

dar days after receipt of the complete application involves performing the same public 

participation activities as those subject to section (7) or (8) of this rule, but with shorter 

time frames. The following specifies the new time frames: 

A. Permitting authority's preliminary 

determination-No later than forty-five (45) calendar days after receipt of a complete 

application; 

B. Public notice of hearing-No later 

than five (5) calendar days after the preliminary determination; 

C. Public hearing-No later than thirty (30) calendar days after the date of the 

public notice; and 

D. Applicant response-No later than 

five (5) calendar days after the end of the 

public comment period, the applicant may 

submit a written response to any comments 

submitted. 

(C) Appendix C, Offsets. Offset provisions 

may be found in 10 CSR 10-6.410. 

(D) Appendix D, Banking. Banking provisions may be found in lO CSR 10-6.410. 

(E) Appendix E, Innovative Control Technology. 

l. An owner or operator of an installation subject to section (8) of this rule may 

employ a system of innovative control technology ifA. The applicant demonstrates to the 

satisfaction of the permitting authority that 

the proposed control system will not cause or 

contribute to an unreasonable risk to public 

health, welfare, or safety in its operation, 

function, or malfunction; 

B. The owner or operator demonstrates the ability and agrees to achieve a level 

of continuous emission reduction equivalent 

to that which would have been required under 

subsection (8)(A) of this rule, by a reasonable 

date specified by the permitting authority, 

taking into consideration the technical and 

economic feasibility. The date shall not be 

later than four (4) years from the time of 

startup or seven (7) years from permit 

issuance; 

C. On the date specified by the permitting authority, the proposed construction, 

employing the system of innovative control, 

will meet _the requirements of 40 CFR 

52.21(1) and 40 CFR 52.21(v); 

59 
(III) Impact any area where an 

applicable increment is Imown to be violated; 

E. The governor of any adjacent state 

that will be significantly impacted by the proposed construction gives his/her consent 

before the date specified by the permitting 

authority; and 

F. All other applicable requirements, 

including those for public participation, have 

been met. 

2. Any approval to employ a system of 

innovative control technology may be revoked 

by the permitting authority, ifA. The proposed system fails or will 

fail by the specified date to achieve the 

required continuous emission reduction rate; 

or 

B. The proposed system, before the 

specified date, contributes or will contribute 

to an unreasonable risk to public health, welfare, or safety in its operation, function, or 

malfunction; or 

C. The permitting authority determines that the proposed system is unlikely to 

protect the public health, welfare, or safety. 

3. If an installation to which this subsection applies fails to meet the required level 

of continuous emission reduction within the 

specified time period, or the approval is 

revoked in accordance with paragraph 

(12)(E)2. of this rule, the owner or operator 

may request the permitting authority to grant 

an extension of time for a minimum period as 

may be necessary to meet the requirement for 

the application of BACT through use of a 

demonstrated system of control. The period 

shall not extend beyond the date three (3) 

years after termination of the same time period specified in paragraph (12)(E)l. of this 

rule. 

(F) Appendix F, Air Quality Models. 

1. All estimates and analyses of ambient 

concentrations shall be based on the applicable air quality models, data bases, and other 

requirements specified in the Environmental 

Protection Agency's (EPA) Guideline on Air 

Quality Models ( 40 CFR Part 51, Appendix 

W) including supplements at the time of 

application. 

2. Any model(s) designated in paragraph 

(12)(F)l. of this rule may be adjusted upon a 

determination by the administrator and the 

permitting authority, after notice and opportunity for public hearing, that the adjustment 

is necessary to take into account unique ter60 

Park, NC 27711, 1992)" and Standard Guide 

for Statistical Evaluation of AJmospheric Dispersion Model Performance (NTIS No. PB 

93-226082) should be used to determine the 

comparability of air quality models. 

3. Where the Guideline on Air Quality 

Models (40 CFR Part 51, Appendix W) 

including supplements at the time of applica-

. tion does not address a situation requiring 

modeling, the administrator and the permitting authority, after notice and opportunity 

for public hearing, may approve the use of a 

model which they deem accurate for modeling that situation. 

(G) Appendix G, Increment Tracking. 

1. The permitting authority will track 

ambient air increment consumption at fixed 

baseline locations within the baseline areas. 

2. Available increment will be allocated 

on a first-come, first-serve basis. The marked 

received date of a complete application will 

be used by the permitting authority to determine which applicant is entitled to prior allocation of increments. 

3. At the intervals of five (5) years from 

the baseline date, the permitting authority 

shall determine the actual air quality increment available or consumed for a location(s) 

for which complete air monitoring data exists 

using subsection (ll)(C), Table 3, of this 

rule. 

4. Exclusions from increment consumption. Upon written request of the owner or 

operator of an installation, made after notice 

and opportunity for at least one (1) public 

hearing to be held in accordance with the 

procedures established in subsection (12)(B) 

of this rule, the permitting authority shall 

exclude the following concentrations in determining consumption of a maximum allowable 

increase: 

A. Concentrations attributable to the 

increase in emissions from installations 

which have converted from the use of 

petroleum products, natural gas, or both, by 

reason of an order in effect under sections 

2(a) and (b) of the Energy Supply Environmental Coordination Act of 1974 over the 

emissions from those sources before the 

effective date of the order; 

B. Concentrations attributable to the 

increase in emissions from installations 

which have converted from using natural gas 

by reason of a natural gas curtailment plan in 

effect pursuant to the Federal Power Act over 

CODE OF STATE REGULATIONS 

tions shall apply more than five (5) years 

after the effective date of the order to which 

subparagraph (12)(G)4.A. of this rule refers 

or the plan to which subparagraph 

(12)(G)4.B. of this rule refers, whichever is 

applicable. If both the order and the plan are 

applicable, no exclusion shall apply more 

than five (5) years after the later of the effective dates, 

(H) Appendix H, Impacts on Class I 

Areas. 

1. At any time prior to the close of the 

public comment period specified in subsection (l2)(B) of this rule, the FLM for any 

federal Class I area may provide information 

to the permitting authority demonstrating that 

the emissions from the proposed installation 

or major modification would have an adverse 

impact on the air quality-related values 

(including visibility) of any federal mandatory Class I area, notwithstanding that the 

change in air quality, resulting from emissions from the installation or major modification, would not cause or contribute to concentrations which would exceed the 

maximum allowable increase for a Class I 

area, as specified in subsection (ll)(A), 

Thble 1, of this rule. If the permitting authority concurs in the demonstration by the FLM, 

the permit shall be denied. 

2. Class I variances. The owner or operator of a proposed installation or major modification may demonstrate to the FLM that 

the emissions from the source would have no 

adverse impact on the air quality-related values of any federal mandatory Class I area 

(including visibility), notwithstanding that 

the change in air quality resulting from emissions from the source would cause or contribute to concentrations which would exceed 

the maximum allowable increases for a Class 

I area. If the FLM concurs with a demonstration and so certifies to the permitting 

authority, the permitting authority, providing 

that all other applicable requirements of this 

rule are met, may issue the permit with those 

emission limitations as may be necessary to 

assure that emissions of sulfur dioxide, particulate matter, and nitrogen dioxide would 

not exceed the following maximum allowable 

increases over baseline concentration for 

these pollutants: 

(7/31/11) ROBIN CARNAHAN 

Secretary of State 
Annual arithmetic mean 20 

24-hour maximum 91 

3-hour maximum 325 

Nitrogen Dioxide: 

Annual arithmetic mean 25 

Note: Increases are in micrograms per cubic 

meter. 

3. Sulfur dioxide variance by governor 

with FLM's concurrence. 

A. If the owner or operator of a proposed installation or major modification who 

has been denied an FLM's certification pursuant to paragraph (12)(H)l. of this rule 

demonstrates to the governor that the installation or major modification cannot be constructed as a result of any maximum allowable increase for sulfur dioxide for periods of 

twenty-four (24) hours or less applicable to 

any Class I area and, in the case of federal 

mandatory Class I areas, that a variance 

under this part would not adversely affect the 

air quality-related values of the area (including visibility), then the governor, after consideration of the FLM's recommendation (if 

any) and subject to his/her concurrence, niay 

grant, after notice and an opportunity for a 

public hearing, a variance from these maximum allowable increases. 

B. If a variance is granted, the permitting authority may issue a permit to an 

installation or major modification in accordance with the requirements of paragraph 

(12)(H)5. of this rule, provided that all other 

applicable requirements of this rule are met. 

4. Variance by the governor with the 

president's concurrence. 

A. The recommendations of the governor and the FLM shall be transferred to the 

president in any case where the governor recommends a variance in which the FLM does 

not concur. 

B. If this variance is approved by the 

president pursuant to 42 U.S.C.A. section 

7475(d)(2)(D)(ii), the permitting authority 

may issue a permit in accordance with the 

requirements of paragraph (12)(H)5. of this 

rule provided that all other applicable 

requirements of this rule are met. 

5. Emission limitations for presidential 

or gubernatorial variance. 

A. In the case of a permit issued pursuant to paragraph (12)(H)3. or 4. of this 

rule, the permitting authority shall impose, as 

ROBIN CARNAHAN 

Sec:fetary of State 

(7/31/11) 

the following maximum allowable increases 

over the baseline concentration: 

Maximum Allowable Increase 

(micrograms per cubic meter) 

Period of E!posure 

24-hour maximum 

3-hour 

Terrain Areas 

Low High 

36 62 

130 221 

B. These emission limitations also 

shall assure that the emissions will not cause 

or contribute to concentrations which exceed 

the otherwise applicable maximum allowable 

increases for periods of exposure of twentyfour (24) hours or less for more than eighteen 

(18) days, not necessarily consecutive, during 

any annual period. 

6. The permitting authority shall transmit to the administrator a copy of each permit application under this subsection (12)(H) 

of this rule and provide notice to the administrator of every action related to the consideration of a permit. 

(I) Appendix I, Attainment and Unclassified Area Designations. 

1. Area classification. 

A. The following areas shall be Class 

I areas and may not be redesignated: 

(I) Hercules Glade National 

Wilderness Area; and 

(II) Mingo National Wilderness 

Area. 

B. Any other area, unless specified in 

the legislation creating such an area, is initially designated Class II, but may be redesignated as provided in this section. 

C. The following areas may be redesignated only as Class I or II: 

(I) An area which as of August 7, 

1977, exceeded ten thousand (10,000) acres in 

size and was a national monument, a national 

primitive area, a national preserve, a national 

recreational area, a national wild and scenic 

river, a national wildlife refuge, or a national 

lakeshore or seashore; and 

(II) A national park or national 

wilderness area established after August 7, 

1977, which exceeds ten thousand (10,000) 

acres in size. 

2. Area redesignation. 

A. All areas (except as otherwise provided under paragraph (12)(I)l. of this rule) 

are designated Class II as of December 5, 

1974. Redesignation (except as precluded by 

CODE OF STATE REGULATIONS 

(1) At least one (1) public hearing 

has been held in accordance with procedures 

established in sections 643.070 and 643.100, 

RSMo; 

(II) Other states and FLMs whose 

lands may be affected by the proposed redesignation were notified at least thirty (30) days 

prior to the public hearing; 

(Ill) A discussion of the reasons for 

the proposed redesignation, including a satisfactory description and analysis of the health, 

environmental, economic, social, and energy 

effects of the proposed redesignation, was 

prepared and made available for public 

inspection at least thirty (30) days prior to the 

hearing and the notice announcing the hearing containing appropriate notification of the 

availability of that discussion; 

(IV) Prior to the issuance of notice 

respecting the redesignation of an area that 

includes any federal lands, the commission 

has provided written notice to the appropriate 

FLM and afforded adequate opportunity (not 

in excess of sixty (60) days) to confer with the 

commission respecting the redesignation and 

to submit written comments and recommendations. In redesignating any area, with 

respect to which any FLM had submitted 

written comments and recommendations, the 

commission shall have published a list of any 

inconsistencies between the redesignation and 

comments and recommendations (together 

with the reasons for making redesignation 

against the recommendation of the FLM); 

and 

(V) The commission has proposed 

the redesignation after consultation with the 

elected leadership of local and other substate 

general purpose governments in the area covered by the proposed redesignation. 

C. Any area other than an area to 

which paragraph ( 12)(I) l. of this rule refers 

may be redesignated Class III if-

([) The redesignation would meet 

the requirements of provisions established in 

accordance with subparagraph (12)(1)2.B. of 

this rule; 

(II) The redesignation has been 

approved by the commission and the governor; 

(ll[) The redesignation has been 

approved by the governor after consultation 

with the appropriate committees of the legislature if it is in session, or with the leadership 

of the legislature if it is not in session; 

61 
mum allowable increase permitted under the 

classification of any other area or any national ambient air quality standard; and 

(VI) Any permit application for any 

installation or major modification subject to 

provisions established in accordance with 

subparagraph (12)(1)2.A. of this rule which 

could receive a permit only if the area in 

question were redesignated as Class III and 

any material submitted as part of that application were available, insofar as was practicable, for public inspection prior to any public 

hearing on redesignacion of any area as Class 

III. 

3. Area class designations. 

Area Class 

Class I 

Class II 

Class III 

Description 

Hercules Glade National 

Wilderness Area 

Mingo National 

Wilderness Area 

All areas of the state 

which are not nonattainment 

No areas designated 

(J) Appendix J, Air Quality Analysis for 

Hazardous Air Pollutants. 

1. The director shall maintain a table of 

emission threshold levels, risk assessment 

levels, and screening model action levels for 

hazardous air pollutants. Applicants will not 

be required to submit a hazanlous air pollutant air quality analysis for applications having a maximum design capacity no more than 

the hazardous air pollutant emission threshold levels unless paragraph (12)(J)2. of this 

rule applies. 

2. Exceptions. The director may require 

an air quality analysis for applications if it is 

likely that the construction or modifiCation 

will result in the discharge of air contaminants in quantities, of characteristics and of a 

duration which directly and proximately 

cause or contribute to injury to human, plant, 

or animal life or the use of property or complaints filed in the vicinity of the proposed 

construction or modification warrant an air 

quality analysis. 

AUTHORITY: section 643.050, RSMo 2000. * 

Original rule filed Dec. 10, 1979, effective 

April 11, 1980. Amended: Filed Nov. 10, 

1980, effective April 11, 1981. Amended: 

62 

2, 1987, effective Aug. 27, 1987. Amended: 

Filed Jan. 5, 1988, effective April 28, 1988. 

Amended: Filed June 2, 1988, effective Sept. 

29, 1988. Amended: Filed Sept. 6, 1988, 

effective Jan. 1, 1989. Amended: Filed Jan. 

24, 1990, effective May 24, 1990. Rescinded 

and readopted: Filed Sept. 2, 1993, effective 

May 9, 1994. Amended: Filed Dec. /5, 1994, 

effective Aug. 30, 1995. Amended: Filed Aug. 

14, 1997, effective April 30, 1998. Amended: 

FiledApril15, 1999, effective Nov. 30, 1999. 

Amended: Filed Sept. 4, 2001, effective May 

30, 2002. Amended: Filed Aug. 2, 2002, 

effective April 30, 2003. Amended: Filed 

March 5, 2003, effecljve Oct. 30, 2003. 

Amended: Filed May 17, 2004, effective Dec. 

30, 2004. Amended: Filed Oct. 15, 2008, 

effective July 30, 2009. Emergency amendment filed Dec. 15, 2010, effective Jan. 3, 

2011, expired July 1, 2011. Amended: Filed 

Nov. 30, 2010, effective Aug. 30, 2011. 

•OrigiMI aulhority: 643.050, RSMo 1965, amended 19'n, 

1992, /993. 1995. 

CODE OF STATE REGULATIONS 

( ) Exempt Emission Units. 

l. The following combustion equ· ment 

is pt from 10 CSR 10-6.060 ifth equipment mits only combustion produ , and 

the ipment produces less than hundred fi )Y (150) pounds per day 

contam1 nt: 

Any combustion equip ent using 

natural gas or liquefie petroleum 

ombination of these ith a capacan ten (10) million ritish thertus) per hour heat · put; 

combustion eq pment with a 

s than one (l) illion Btus per 

th a total production 

products of less than 

pounds per operating 

trically or exclusively 

th a maximum capac0) illion Btus per hour. 

ing stablishments, systems, equipment, o rations are exempt 

from 10 CSR 10., .060: 

tion; 

D. Livestock markets and 

oper ·ons, including animal feed' operation and concentrated animal feeding peratio as those terms are defined by 4 CFR 

12 .23 and all manure storage and appli tion 

ms associated with livestock marke or 

tock operations, that were construe on 

before November 30, 2003. This exemp on 

eludes any change, installation, cons 

tion, or reconstruction of a process, proce 

(7/31/11) ROBIN CARNAHAN 

Secretmy of State 
0 CSR 10

6.060 {amendment) Construction Permits Required is hereby AMENDED by the Missouri Air Conservation Commission this 28th day of April, 

2011 . 

, Member 

-;::::j~i::=-b' el"'"""A::;........&..>~C-""- , """"""WS~cr"""'""JMJ____;;;;~--· Member 

~,L~~~~c::;-1-J ~fl~L~ ... ~=====---• Member 

__________________________________________ , Member 

_________________________________ , Member 
PUBLISHER'S AFFIDAVIT 

STATE OF MISSOURI,) 

_ )ss. 

COUNTY OF COLE) 

Mike Vivion being duly sworn, according to law, says he is Vice President of Central 

Missouri Newspapers, Inc., Publisher of the News Tribune, a newspaper printed and 

published in the County of Cole, and State aforesaid; that said newspaper has been 

published continuously for more than three years; and that the notice hereto attached was 

published in said paper in compliance with the provisions of Section 493.050 

R.S. of Mo. For 2000 as amended for 1 time as follows: 

1st insertion, No. 28th day of February '20 11 

2nd insertion, No. day of '20 

3rd insertion, No. ' day of '20 

4th. msert10n, . N L o. ' day of '20 

5th insertion, No. 7 day of --• 20 

Fee: $358.00 

Subscribed and sworn to before 

~~ me tlus 1st 

day of March , 20 11 

ftJtJJJJrf1_ fSWr/UJW?.Lfj 

Notary Public, 

My term as Notary Public expires •:: . -
MISSOURI AIR CONSERVATION COMMISSJON ~· WILL HOLD PUBLIC HEARING . 

. ~EicfERSON 'SI;(Y._ MO -- The sso~.tri Air Conservation· Commission wtn c · o a public heaMg on the St. Louis o:z:one nonattalnment area reasonably 

available control technology (RACT) rules and RACT demonstration u date· 

the gr':'enhouse gas permitting rules; the hospital, medical and inf/ctlou~ w20a1s1te ITnhoelneprabtol.r rHuJe; _and general conformity rule on Thursday March 31 • u IC eanng will begJ at 9 · · · ' · ., Cente~ 1730 East El · St n a.m. at the Elm Street.Conference 

Room 'Jerre Cl m reet, Lower Level, Bennett SprinDs Conference , • ~son_ ty, Missouri. The commission will he~ tes«mony rwll!iltBd. 

~i~~~~illow•~g dt~m(s). Note that all but the last two following ttems were 

· canceled d~c te _u e

1

d for a .FE!bruary 3, 2011 public hearing that was 

'

" 10 e o 1nc ement weather. 

S rf. CSCR 10-5.330 (amendment) Control of Emls$lons from Industrial_ u ace eating Operatlonli i 

This proposed a~e~dme~t ~ru exempt facilities that are regulated under ~ other rules that hm1t emiSSions of volatile organic compounds and incorporate changes in Reasonably Available Control Technology (RACT) for 

surfa~e coat~ng operations in the St. Louis. o:z:ons nonattalnment area to be 

;ons1stent w1th the current federal RACT guidance documents. 

10 CSR 10-5.340 (amendment) Control of Emissions from Rotogravure and Flexographic Printing Operations 

This proposed amendment will add spe.clflc emilision limits of volatile. 

orgamc compounds for flexible package printing operations in the St.. Louis · 

ozone nonattainment area. This will make the limits consistent with the 

current federal' Reasonably Available Control Technology guidance documents. 

.. 

* 10 CSR 10-5.442 (amendment) Contrpl, of Emissions from Uthographlo Printing Operations · · 

This proposed amendment will add specific· emission limits of volatile 

organic compounds for both offse1 lithogr&Ptilc and letterpress printing 

operations In the St. Lo1,1is ozone nonattain.ment area. This will make the 

limits consistent with the current federal Jleasonably Available Control 

Technology guidance documents. The amendment will also remove deflnl· 

tlons that will now be found In 1 0 CSR 1 0-6.020. 

* 1 0 CSR 1 0·5.455 (amendment) Control of Emission from Solvent Cleanup 

Operations 

This propo11ed amendment will lower the allowable emissions threshold fo 

volatile organic compounds released per day from the use, storage and dis· 

posal of industrial cleaning solvents, add requirements for facilities that 

exceed the threshold, and incorporate changes to be consistent with the., 

current federal Reasonably Available Contrql Technology guidance documents. This rule applies to the St. Louis o:z:one nonattalnment area. 

* 10 CSR 10-6.020 (amendment) Definitions and Common Reference Tables 

This proposed amenilment will add all definitions , currently found in individual Division 1 o air rules into the general definitions rule unless a specific reason exists for a definition to be unique to a specific rule. 

* 10 CSR 10·6.060 (amendment) Construction Permits Required 

·~This proposed amendment incorporates federal. permitting requirements 

that will cover new construction pro]ectli thl!.t emit 1 00,000 tons per year or~ 

more of greenhouse gases and clarifies rule text. I * 1 o CSR 1 0-6.065 (amendment) Operating Permits 

This proposed amendment Incorporates federal permitting req1,1irements for 

greenhouse gas emissions, removes definitions that will now be .found inl• 

regulation 1 0 CSR 1 0-6.020, streamlines the public notice procedure to 

align with the Federal Register, and allows the flexibility to publish notices 

on·theweb. 

* 10 CSR ·10-6.200 (amendment) H06pital, Medical, lnfectiouli Wast ln-1 

clnerators 

Th.ls proposed amendment Will update the state regulatory requirements for 

emission limits, waste management planli, compliance and performance 

testing, monitoring, a,nd reporting ai'ld record keeping to be consistent with 

the recent federal update to 4Q CFR Part 60 and remove definitions that will 

now be found In 1 0 CSR 1 0-6.020. 

* 10 CSR 10-6.300 (amendment) Conformity of General Federal Actions to 

S1ate Implementation Plans 

.This prop06ed amendment will update the .state general conformity rule to 

comply with the recently revised federal general ·conformity rul!' publish~d 

in the April 5, 201 o edition of the Federlll Register. Incorporating the latest •. 

federal regulations will ensure that ail federal actions conform to the state's 

implementation plan and will not cause or contribute to violations of the na· 

tional ambient air quality standards. 

* Reasonably Available Control Technology (RACT) Demonstration Update 

for the 1997 8-Hour Ozone Standard St. LOuis Nonattalnment Area 

The Clean. Alr Act requires moderate ozone nonattainment areas, such as 

St. Lou Is, to submit a demonstration that current rules fulfill RACT ·Under the 

1997 8-hour ozone National Ambient Air Q~allty Standard (NAAQS) for 

volatile organic compounds ·for all Control Technique Guidelines (CTG) _ 

categories and all major, noh-CTG sources 1JS a revision to their State 

Implementation Plan. This document updates the RACT demonstration 

submttted to the EPA in 2007 and certifies ·that current rules, incluriing those . 

proposed for amendment, fulfill RACT requi~ements for the 1997 8-hour 

ozone NAAQS. 

Documents for the above item(s) will be :available for review at the Mi6Sourl 

Department of Natural Resources, Air Pollution Control Program, 1659 Elm 

Street, .Jefferson City, (573) 751-4817 eng .in t~e Public Notices. s~ction of 

the program web site www.dnr.mo.gov/env/apcp/index.html. Th1s Information will be available at least 30 days prior to the public hearing date. 

Persons with disabilities requiring special services or accommodations to 

attend the meeting can make· ftrrengements by calling the Department 

directly at (573) 526-4679, the Department's toll free number at 

(BOO) 334-6946, or by writing two weeks in advance of the meeting to: Missouri Department of Natural Resources, Air Conservation Commission 

.Se r~ill "" PO 6r;l( 176. Jef!erst;ln City. MO 651 02.· Hearina impaired per-, 
BEFORE THE AIR CONSERVATION COMMISSION 

STATE OF MISSOURI 

'

,_" r' . 

MISSOURI AIR CONSERVATION COMMISSION MEETING 

MEETING 

MARCH 31, 2011 

NATIONWIDE ScHEouu N G 

MISSOURI Sp rir. (!fi "ld ·~ ffd son Cit;· :Za:lsa: City Co :u mJi Rol l ._ C.""' Gi:·a rc . a u '" KANSAS uv· rl-·nC: P•.r• • ILLIN OIS Sprl .• g~td.: 

~~.:

-,oou.;

,TE;: : 7 1 1 NoRTH ELEVENTH STREET, S r . Lour s, M rssouRr 63 1 01 

8 00.280 .33 76 

'N w 'N . :-:1 i 0 ;; : 2 £ l : ~ t ~ 9 '' t ; c 11 • c o rr: 
5 Commissioners are present: Mark Garnett, Gary 

6 Pendergrass, Ron Boyer, Jack Baker and David 

7 Zimmermann. 

8 Air Conservation Commission, the State 

9 of Missouri, has called this public hearing pursuant 

10 to Section 643.070, Revised Statutes of Missouri, EPA 

11 promulgated Rule 40 CFR 51.102, for the purpose of 

12 hearing testimony relating to 10 CSR 10-6.020 

13 {illnendment) , Definitions and Common Reference Tables; 

14 10 CSR 5.330 (amendment), Control of Emissions from 

15 Industrial Surface Coating Operations; 

15 10 CSR 10-5.340 (amendment), Cantrall of Emissions 

J 7 from Rotogravure and Flexographic Printing 

18 Operations; 10 CSR 10-5.442 (amendment), Control of 

19 Emissions from Lithographic Printing Operations; 

20 10 CSR 10-5.455 (amendment), Control of Emission from 21 Solvent Cleanup Operations; Reasonably Available 

Control Technology Demonstration Update for the 1997 

23 8-hour Ozone Standard St. Louis Nonattainment Area; 24 10 CSR 10-6.060 (amendment), Construction Permits 25 Required; 10 CSR 10-6.065 (amendment), Operating 

wWW .mid westlitigation.com 

MIDWEST LITIGATION SERVICES 

Phone: 1.800.280.3376 Fax: 314.644.1334 
5 If the Commission adopts this RACT 

6 demonstration update, i t will be the department's 

7 intention to submit this demonstration to the U.S. 

8 Environmental Protection Agency for inclusion in the 

9 Missouri State Implementation Plan. 

10 Commissioners, this concludes my 

11 t estimony unless you hav e any questions . . 

12 CHAIRMAN GARNETT: J oe, thanks. Paul 

13 Myers . 

14 (The witne ss was. sworn.) 

15 MR. MYERS : Good morni ng , Commissioners . 

16 My name is Paul Myers. I work as an environmental 

17 specialist with the Air Pollution Control Program 

18 located at 1659 East Elm Str eet in Jefferson City, 

19 Missouri. 

20 I'm here today to present t estimony on 

21 two rule amendments to comply with Federal 

22 Env ironmental Protection Agency regulations that 

23 require greenhouse gas permitt ing. These rules are 

24 10 CSR 10- 6 . 060 , Construction Permits Required, and 

25 10-6.065, Operating Permits. Since both rule 

vww.midwestlitigation.com 

MIDWEST LITIGATION SERVICES 

Phone: 1.800.280.3376 Fax: 314.644.1334 
fuel and a oxygen in the air/fuel mixture will be consu d. 

64. S ker boiler- A boiler design that employs a g te assembly to comb st coal. 

65. Sto ge container-Vessel or tank, includin mix equipment, used to old finishing, cleaning, or washoff m rials. 

66. Storag tank-Any tank, reservoir, or vessel hich is a container for liquid or gases, where no manufilctur" process or part 

of it takes place. 

67. Strippabl booth coating-A coating tha 

A. Is appli to a booth wall to provide 

receive overspray d ing finishing operations; 

B. Is subsequ tly peeled off and disp d; and 

C. By achievi 

A. and 

B. above, re ces or eliminates the 

need to use organic so nts to clean booth ls. 

68. Structural glaz -A process tha includes the application 

of adhesive to bond gl ceramic, metal stone, or composite panels to exterior building es. 

69. Subtloor installati n-The ins lation of subflooring material over floor joists, includ the con truction of any load-bearing 

joists. Subflooring is covere by a fm' surface material. 

70. Submerged fill pipe ny fi pipe the discharge opening of 

which is entirely submerged w en e liquid level is six inches (6") 

above the bottom of the tank. S b rged fill pipe when applied to a 

tank which is loaded from the si s defmed as any fill pipe, the discharge opening of which is enti submerged when the liquid level 

is eighteen inches (18") or c the diameter of the till pipe, 

whichever is greater, above the tt of the tank. 

71. Submerged filling- he ti ·ng of a gasoline storage tank 

through a submerged fill pipe ith a d charge no more than six inches (6") (no more than rwel inches 2") for submerged fill pipes 

installed on or before N mber 9, 2 6) from the bottom of the 

tank. Bottom filling of ga line storage nks is included in this definition. 

72. Submit or serv - Th send or it a document, information, or corresponden to the person spec 

the applicable regulaf nA. In person· 

B. By Unite States Postal Service; or 

C. By oth means of dispatch or trans iss ion and delivery. 

Compliance with ny "submission," "service," r umailing" deadline shall be de rmined by the date of dispatc transmission, or 

mailing and no the date of receipt. 

73. Subs te-The surface onto which coatin are applied (or 

into which tings are impregnated). 

74. Su 1cient density-Any number, spacing, a combination 

of collectio · system components, including vertical we s, horizontal 

collectors and surface collectors, necessary to main in emission 

and mig tion control as determined by measures of pe rmance as 

set fo 

7 . Sufficient extraction rate-A rate sufficient to 

negati e pressure at all wellheads in the collection syste without 

causi g air infiltration, including any wellheads connected to system a result of expansion or excess surface emissions, for e life 

of e blower. 

76. Surface coating line-Same as a surface coating unit. 

77. Surface coating operation-Same as industrial surface 

ng operation. 

Title 10-DEPAKI'MENT OF NATURAL RESOURCES 

Division 10-Air Conservation Commission 

Cbapter ~Air Quality Standards, Definitions, Sampling and Reference Methods and Air PoUution Control 

Regulations for the Entire State of Missouri 

ORDER OF RULEMAKING 

By the authority vested in the Missouri Air Conservation 

Commission under section 643 .050, RSMo 2000, the commission 

amends a rule as follows: 

10 CSR 10-6.060 Construction Permits Required is amended. 

A notice of proposed rulemaking containing the text of the proposed 

amendment was published in the Missouri Register on February 15, 

2011 (36 MoReg 784-792). No changes have been made in the text 

of the proposed amendment, so it is not reprinted here. This proposed amendment becomes effective thirty (30) days after publication in the Code of State Regulations. 

SUMMARY OF COMMENTS: The Missouri Department of 

Natural Resources' Air Pollution Control Program received five (5) 

comments from three (3) sources on this proposed amendment: the 

Missouri Farm Bureau, the Regulatory Envirornilental Group for 

Missouri, and the St. Louis County Air Pollution Control Program. 

COMMENT #1 : The_ Missouri Farm Bureau (MFB) commented that 

they oppose the regulation of greenhouse gases under the federal 

Clean Air Act and have expressed concerns to the U.S. 

Environmental Protection Agency (EPA), the . Missouri 

Congressional delegation, and to the Missouri Air Conservation 

Commission. Now that 

EPA has finalized its rules, Missouri and 

other states with delegated permitting authority have two (2) choices: adopt the regulatory framework put in place by EPA or allow EPA 

to issue a Federal Implementation Plan that gives it the authority to 

apply federal construction and operating requirements to large 

sources of greenhouse gases in Missouri. The MFB cannot support 

either option because they disagree with the underlying premise. 

Though they cannot support either option, they would rather the state 

be the permitting authority in the state rather than EPA. 

RESPONSE: The department's Air Pollution Control Program continues to monitor the activities occurring with the federal regulations 

concerning greenhouse gases. However, until such time as new rules 

or guidelines are issued concerning the tailoring rule, we will continue to pursue compliance with federal requirements as they currently exist. This will insure that the state maintains full authority 

over its permitting programs and avoids obligating EPA to exercise its 

oversight authority to require states to meet the minimum federal 

standards. No change was made to the rule text as a result of this 

comment. 

COMMENT #2: The Regulatory Environmental Group for Missouri 

(REGFORM) commented during the Regulatory Impact Report 
y

y 

q

y 

support those statements. If the commission decides against including self-voiding language in the Missouri rules, REGFORM encourages the Air Pollution Control Program to watch federal developments closely and minimize the lag between federal changes and 

Missouri rules that reflect those changes REGFORM recommends a 

savings clause so that the Missouri rules, standing alone, do not initiate construction or operating permitting for greenhouse gas sources 

if federal stationary source green house gas (GHG) rules are no 

longer in effect or are altered. This language has to be carefully 

crafted so that Missouri avoids unintended consequences. 

· REGFORM suggested that the following text be added to the end 

of the language in subsection (8)(A): 

In the event that all or any portion of 40 CFR 52.21(b)(49) or 

(b)(50)(iv)-(v) are declared or adjudged to be invalid or stayed by a 

federal court whose jurisdiction includes Missouri, or are withdrawn, 

stayed, or otherwise rendered of no force and effect by the United 

States Environmental Protection Agency, Congress, or Presidential 

Executive Order, such action shall render the term "regulated NSR 

pollutant" as applied to greenhouse gases invalid, stayed, or otherwise without force and effect for purposes of this rule, upon the date 

such action becomes final and effective. 

RESPONSE: The comment raises a concern about the link between 

federal and state regulations. While state regulations may incorporate 

by reference or substantially restate or repeat federal regulations, the 

impact of federal regulations being stayed, vacated, withdrawn, etc. , 

is not always clear. Section 643.055, RSMo, specifically prohibits 

the Missouri Air Conservation Commission from establishing standards and guidelines that are stricter or enforced prior to what is 

required by the federal Clean Air Act. The department intends to 

implement applicable federal requirements related to greenhouse 

gases, and does not intend to proceed sooner than EPA requires. In 

the event that federal requirements related to greenhouse gases are 

invalidated or stayed, the department intends to clarify for the regulated community what the department's expectations are of permittees, whether in the form of an emergency rule amendment/rescission, an In Addition notice or annotation published in the Missouri 

Register and Code of State Regultltions, or otherwise. The department's Air Pollution Control Program continues to monitor the activities occurring with the federal regulations concerning greenhouse 

gases. However, until such time as federal requirements related to the 

tailoring rule are altered, the department intends to continue pursuing compliance with federal requirements as they currently exist. No 

change was made to the rule text as a result of this comment. 

COMMENT #3: REGFORM commented that as part of its tailoring 

proposal, the state of Utah included a provision making it clear that 

it does not intend to issue minor New Source Review (NSR) permits 

to control GHG emissions fur new or modified GHG sources that are 

below tailoring prevention of significant deterioration (PSD) thresholds. Missouri's present De Minimis Emission Level table, 10 CSR 

10-6.020(3)(A), does not list greenhouse gases that are not otherwise 

regulated as criteria pollutants or hazardous air pollutants. 

REGFORM suggested that the following text be added to the end 

of the language in subsection (5)(A): 

For new or modified sources of greenhouse gases, as defined at 40 

CFR 52.2l(b)(49)(i), a de minimis permit shall not be required as a 

result of emission increases in greenhouse gases only. De minimis 

permits issued as a result of emission increases in other pollutants 

COMMENT #4: REGFORM commented that the federal definition of "Regulated NSR Pollutant" at 40 CFR 52.21(b)(2)(50)(ii) states 

that any pollutant that is subject to any standard promulgated under 

section 111 of the Act is a Regulated NSR Pollutant. This ·provision 

was not modified by EPA's tailoring rule, but it poses a future problem, and not just in Missouri. EPA plans to issue New Source 

Perfunnance Standards (Sec. 111) for certain GHG emission sources. 

Once this occurs, the federal definition of Regulated NSR Pollutant 

would sweep in all GHG emissions, without regard to tailoring 

thresholds. This has been brought to EPA's attention in comments on 

the September 2, 2010, GHG State Implementation Plan 

(SIP)/Federal Implementation Plan (FIP) proposals. Unfortunately, it 

was not addressed in the June 3, 2010, tailoring rule incorporated by 

reference in Missouri's draft proposal. 

Missouri could wait to see whether EPA remedies this oversight in 

its final GHG SIP/FIP rule, which is due to be issued late 2010. If 

EPA does so, Missouri may need to incorporate the updated reference in its formal tailoring proposal, since the draft proposal only 

includes the June 3, 2010, tailoring provisions, not any subsequent 

changes. If EPA does not remedy this problem in the near term, 

Missouri-specific language may be needed in its furmal proposal. 

RESPONSE: The department's Air Pollution Control Program continues to monitor the activities occurring with the federal regulations 

concerning greenhouse gases. EPA is aware of this issue and intends 

to address this prior to promulgating any New Source Perfurmance 

Standard that would include standards for GHGs. EPA did not intend 

fur the New Source Performance Standard to alter the applicability 

levels of GHGs set furth in the tailoring rule. No change was made 

to the rule text as a result of this comment. 

COMMENT #5: The St. Louis County Air Pollution Control 

Program commented that they support the amendments. 

RESPONSE: The Missouri Department of Natural Resources' Air 

Pollution Control Program appreciates the support. No change was 

made to the rule text as a result of this comment. 

e tO-DEPARTMENT OF NATURAL RESOURC 

Division 10--Air Conservation Commission 

Chapte 6--Air Quality Standardst Defmitions, 

and ce Methods and Air PoUution 

Regu ·ons for the Entire State of • 

A notice of p rulemaking containing the t of the proposed 

amendment published in the Missouri Register February 15, 

2011 (36 Reg 793-800). No changes have been m 

of the sed amendment, so it is not reprinted here. his propo amendment becomes effective thirty (30) days after puli · ation 

· the Code of State Regultltions.